DOI: 10.7256/2454-0765.2018.3.20034

Abstract: The subject of the research is the anlaysis of consumer behavior under the conditions of insufficient information about the prices of goods and services. The improved competition model in the economic theory implies that participants of the market process have an equal or full access to information about the prices of goods and services. However, in reality it is impossible to obtain information about all participants of market relations. For this purpose, it is very important to construct the functon of the demand for goods and services under the conditions of pricing information asymmetry. The methodological basis of this research includes elements of the economic theory, discrete mathematics, probability and information theories. The novelty of the research is caused by the fact that the author constructs the model of the demand for goods and services under the conditions when a consumer does not have enough information about consumer prices on the market. One of the most important conclusions of the article is the proof that asymmetry information can explain the demand of companies that establish the price higher than the market price. Another important result of the research is the description of the process of constructing the model of the demand for goods by individual sellers. 

Keywords: demand function, information asymmetry , demand for goods, pricing asymmetry, separated demand function, individual demand, demand of individual sellers, individual consumer demand, market information, imperfect competition

DOI: 10.7256/2454-0765.2018.4.29564

Abstract: The object of the research is the role of the Bank of Development as a financial monitoring agent and specific activities of Vnesheconombank including operations complementary to banking operations, the latter being the matter of financial monitoring. The subject of the research is the mechanism of inclusion of the Bank of Development into the system of actors that perform financial monitoring. In his research Gladkikh analyzes the performance of legislative rules and regulations by Vnesheconombank applicable in relation to actors of financial monitoring. The author focuses on the analysis of an uncertain role of Vnesheconombank regulatory authority in the system of financial monitoring. Within the framework of the research, the author has applied methods of analysis and analogy as well as systems approach. The main conclusion of the research is that there are certain legal defects in the current system of legal regulation of the Bank of Development's activity as a financial monitoring agent, in particular, excessiveness of reference standards which, in their turn, do not give a clear idea of the vertical of state control in relation to Vnesheconombank in this sphere. 

Keywords: Rosfinmonitoring, Central Bank, credit organizations, internal control, AML, financial monitoring, Bank of development, Vnesheconombank, Accounting Chamber, financial monitoring agent

DOI: 10.7256/2454-0765.2019.1.30945

Abstract: The object of this research is the subjects taking part in the implementation of financial monitoring in the Russian Federation. The author examines the question of correlation between the subjects of financial monitoring and the subjects of Federal Law No.115-FZ. Special attention is given to the question of study of the subjects, their legal statuses, as well as the groups they form. The author poses the question on the reasonableness of implementation of oversight activity in the aforementioned system conducted by the Federal Financial Monitoring Service of the Russian Federation (Rosfinmonitoring). Study is conducted on the scientific approaches towards formation of the structure of subjects of financial monitoring alongside their comparison to the structure of subjects of foreign exchange controls. The conclusion is made on the need to transfer supervisory authority of the Rosfinmonitoring to the jurisdiction of specialized government agencies. Study of the questions of legal regulation of the work of organizations operating with currency and other property, allowed highlighting a new form of examination of draft legislation. At the same time, the main result of this research consists in forming tierless structure of the system of subjects, carrying out financial monitoring, in accordance with current legal regulation.

Keywords: financial monitoring agent, Rosfinmonitoring, Central bank, financial monitoring entities, financial monitoring, AML, Assay chamber, Rosreestr, financial intelligence, Roskomnadzor

DOI: 10.7256/2454-0765.2019.2.33854

Abstract: The subject of the study was the legislation on countering the legalization (laundering) of proceeds from crime and the financing of terrorism", established for credit institutions, banks and banking activities, as well as on the State Development Corporation "VEB.RF". The object of the research of the article is the legal relations that develop in the process of implementation by credit institutions of the requirements of AML/CFT legislation. The author considers the question of the correlation of subjects of financial monitoring in the aspect of the powers granted by legislation and the duties assigned to agents. Special attention is paid by the author to the study of the special role of credit institutions among financial monitoring agents. The author studies the content of the concept of "credit institution" from the point of view of AML/CFT legislation. Within the framework of the study, the author concluded about the special role of credit institutions in the AML/CFT system due to the specifics of their activities by virtue of granting them unique powers in relation to other agents and assigning a role to ensure the implementation of financial monitoring by other groups of agents. It is noted that the current legal regulation on countering the legalization (laundering) of proceeds from crime and the financing of terrorism forms an understanding of the term "credit organization" in this area, as a group of entities combining credit organizations in the meaning established by the Federal Law "On Banks and Banking Activities" and the state development Corporation "WEB.The Russian Federation" in the implementation of its operations characteristic of banking activities.

Keywords: subjects of financial monitoring, financial intelligence, financial monitoring, VEB RF, state corporation, authority, credit organizations, PODFT, internal control, subjects

DOI: 10.7256/2454-0765.2015.1.14844

Abstract: The report gives proofs of the actuality of including a new branch of law – economic law – in Russia’s legislative system. A review of several foreign analogues is presented (the economic law in Germany, France and China). The author accentuates the simultaneity of the genesis and development of economic processes and relative legislation regulations, within the historic stages of their development (the stages of accumulation, production, distribution and consumption, in connection with the specifics of the approaches of theorists of economy, corresponding with the epoch of each stage). The author uses both general scientific methods (comparison, analysis, abstracting, generalization) and specific scientific ones (the formal dogmatic method, comparative analysis of legislations and others). An innovative approach suggested by the author is the necessity to separate economic legislation as a mega branch of law. This mega branch presents an entity of the basic principles of the Russian law, viewed in their interconnection, taking into account the consideration that an entity is something more qualitatively significant than just a sum of its parts.

Keywords: educational technology, foreign countries, economic law, economic disputes, economic policy, economic theory, mega branch, Russian system of law, economy, system

DOI: 10.7256/2454-0765.2016.1.17334

Abstract: The subject of research is the law governing the suspension of release of goods containing objects of intellectual property, copyright and related rights as a measure of administrative-legal coercion, as well as relevant activity of customs authorities. The object of the research is the social relations arising in the process of application of this administrative enforcement by the customs authorities. The author of the article gives a legal description of the suspension of release of goods containing objects of intellectual property, copyright and related rights as measures of administrative and legal coercion. The methodological basis of the research involves a combination of general philosophical, scientific methods and special legal methods (formal-legal, analytical, normative-logical, system analysis, etc.). The study identified problematic issues that arise in the law enforcement practice of customs authorities and judicial practice as well as ways of their solution. The author concluded that the suspension of release of goods containing objects of intellectual property, copyright and related rights is an administrative-legal measure of the risk of violation of the legislation in the field of intellectual property and prevention of harmful effects used by the customs authorities.

Keywords: intellectual property, issue, practice, problems, registry, copyright holder, trade mark, Customs Union, measure, administrative procedures

DOI: 10.7256/2454-0765.2015.1.66392

Abstract: The report gives proofs of the actuality of including a new branch of law – economic law – in Russia’s legislative system. A review of several foreign analogues is presented (the economic law in Germany, France and China). The author accentuates the simultaneity of the genesis and development of economic processes and relative legislation regulations, within the historic stages of their development (the stages of accumulation, production, distribution and consumption, in connection with the specifics of the approaches of theorists of economy, corresponding with the epoch of each stage). The author uses both general scientific methods (comparison, analysis, abstracting, generalization) and specific scientific ones (the formal dogmatic method, comparative analysis of legislations and others). An innovative approach suggested by the author is the necessity to separate economic legislation as a mega branch of law. This mega branch presents an entity of the basic principles of the Russian law, viewed in their interconnection, taking into account the consideration that an entity is something more qualitatively significant than just a sum of its parts.

Keywords: educational technology, foreign countries, economic law, economic disputes, economic policy, economic theory, mega branch, Russian system of law, economy, system

DOI: 10.7256/2454-0765.2016.1.67541

Abstract: The subject of research is the law governing the suspension of release of goods containing objects of intellectual property, copyright and related rights as a measure of administrative-legal coercion, as well as relevant activity of customs authorities. The object of the research is the social relations arising in the process of application of this administrative enforcement by the customs authorities. The author of the article gives a legal description of the suspension of release of goods containing objects of intellectual property, copyright and related rights as measures of administrative and legal coercion. The methodological basis of the research involves a combination of general philosophical, scientific methods and special legal methods (formal-legal, analytical, normative-logical, system analysis, etc.). The study identified problematic issues that arise in the law enforcement practice of customs authorities and judicial practice as well as ways of their solution. The author concluded that the suspension of release of goods containing objects of intellectual property, copyright and related rights is an administrative-legal measure of the risk of violation of the legislation in the field of intellectual property and prevention of harmful effects used by the customs authorities.

Keywords: Customs Union, trade mark, copyright holder, registry, problems, practice, issue, intellectual property, measure, administrative procedures

DOI: 10.7256/2454-0765.2018.4.16709

Abstract: The author of this article discusses the public private partnership based on the example of the Republic of Mordovia . The use of public private partnership (PPP) is necessary for effective solutions of federal objectives aimed at the development of infrastructure and national projects. In addition, PPP provides new opportunities for the development of private businesses and alternative to privatization of state objects that seem unattractive from the economic point of view. These state objects include municipal health, education and culture units. Definition and mechanism of PPP are fixed in the Federal Law of the Russian Federation No. 224 of July 13, 2015 On State Private Partnership and Municipal Private Partnership in the Russian Federation and Amendments to Particular Russian Federation Laws. State private partnership. 

Keywords: state private partnership, development, public partnerships, public, Mordovia, encouragement, investment activity, planning, deveop, analysis

DOI: 10.7256/2454-0765.2017.1.21945

Abstract: The subject of the present article is the combination of phenomena and processes describing the industrial safety of agricultural entities. The object of the research is the company that performs industrial activities. The authors offer their own definition of industrial safety as well as the method for assessing industrial safety as a procedure consisting of three stages. At each stage a certain element of a company's industrial safety is evaluated. The authors take into account minimum levels of indicators characterising technical, technological and staff safety. In this research the authors have also taken into account the main factors that influence the industrial process and the level of its safety for workers and company in general. The authors have used the elimination method that allows to take into account the influence of the industrial potential of an agricultural company and its influence on the economic safety thereof. The scientific novelty of the research is caused by the fact that the authors have developed their own method for assessing industrial safety as well as defined their critical level. As a result, the authors have defined the threshold value of the industrial safety level. This method allows to manage each component of industrial safety which, in its turn, allows to preserve and strengthen econmic safety of an agricultural entity in general. 

Keywords: food supply security, economical safety, manufacturing technology, loss of time, coefficient of validity, technical safety, production safety, subsystem, machines and equipments, employment relations

DOI: 10.7256/2454-0765.2015.1.15030

Abstract: The aim of the following review is to give proof of the necessity of introducing a new branch of law – economic law – in Russia’s legislation system. The author reviews a number of speeches of the participants of the conference that illustrate the close interconnection between economy and law. He also accentuates the dependence of several types of economic activities (tax, parafiscal tax, investments, banking, foreign commerce, customs procedures and several others) on their legal figurations. In his study, the author applies both general scientific methods (comparison, analysis, synthesis, abstracting, generalization) and special scientific ones (the formal-dogmatic method, comparative analysis and others). The author comes to the conclusion of the practicability of separating economic law into a special mega-branch of the juridical science. This conclusion is backed with some practical examples that have been given by experts in such branches of Russian legal science as financial law, entrepreneurial law, civil law, administrative law and several others.

Keywords: entrepreneurial law, geopolitics, banking law, the subject of economic law, economic law, law, economy, administrative economic law, investment law, customs law

DOI: 10.7256/2454-0765.2015.1.66393

Abstract: The aim of the following review is to give proof of the necessity of introducing a new branch of law – economic law – in Russia’s legislation system. The author reviews a number of speeches of the participants of the conference that illustrate the close interconnection between economy and law. He also accentuates the dependence of several types of economic activities (tax, parafiscal tax, investments, banking, foreign commerce, customs procedures and several others) on their legal figurations. In his study, the author applies both general scientific methods (comparison, analysis, synthesis, abstracting, generalization) and special scientific ones (the formal-dogmatic method, comparative analysis and others). The author comes to the conclusion of the practicability of separating economic law into a special mega-branch of the juridical science. This conclusion is backed with some practical examples that have been given by experts in such branches of Russian legal science as financial law, entrepreneurial law, civil law, administrative law and several others.

Keywords: entrepreneurial law, geopolitics, banking law, the subject of economic law, economic law, law, economy, administrative economic law, investment law, customs law

DOI: 10.7256/2454-0765.2015.2.15639

Abstract: In his article Eskindarov discusses the rules of different branches of law that govern public relations in the financial and economic sphere. Nowadays Russian legislation that governs financial and economic relations faced the situation when a significant amount of measures of state coercion that are applied to economic entities are spread out in the industry regulations and this causes many difficulties in the law enforcement. Russia's economy has been undergoing hard times in recent years. The dramatically changed world 's geopolitical situation after Crimea joined Russia, sanctions regime that followed it, falling of oil prices, and increased volatility in rates of major world currencies determined the increased role of the state in ensuring the stability of the country, preventing and overcoming the crisis. A special role in overcoming these negative tendencies is assigned to small and medium-sized businesses. In the process of writing this article the following methods were used: deduction and induction, systems approach, problem analysis and synthesis. Legal regulation in this sphere should be subjected to the systems analysis, and the uniform criteria for the unification of the measures of state coercion should be determined. This will allow to improve the administrative and legal legislation, to implement the measures of state coercion in the financial and economic sphere, and would make the legislation more effective and comprehensible for all the participants of financial and economic activity. 

Keywords: administrative punishment, measures of state coercion, wrongful act, economic sanctions, offence, violation of law, business, entrepreneurship, business entities, economic entities, financial and economic sphere, unification, systematization

DOI: 10.7256/2454-0765.2015.2.66743

Abstract: In his article Eskindarov discusses the rules of different branches of law that govern public relations in the financial and economic sphere. Nowadays Russian legislation that governs financial and economic relations faced the situation when a significant amount of measures of state coercion that are applied to economic entities are spread out in the industry regulations and this causes many difficulties in the law enforcement. Russia's economy has been undergoing hard times in recent years. The dramatically changed world 's geopolitical situation after Crimea joined Russia, sanctions regime that followed it, falling of oil prices, and increased volatility in rates of major world currencies determined the increased role of the state in ensuring the stability of the country, preventing and overcoming the crisis. A special role in overcoming these negative tendencies is assigned to small and medium-sized businesses. In the process of writing this article the following methods were used: deduction and induction, systems approach, problem analysis and synthesis. Legal regulation in this sphere should be subjected to the systems analysis, and the uniform criteria for the unification of the measures of state coercion should be determined. This will allow to improve the administrative and legal legislation, to implement the measures of state coercion in the financial and economic sphere, and would make the legislation more effective and comprehensible for all the participants of financial and economic activity. 

Keywords: administrative punishment, measures of state coercion, wrongful act, economic sanctions, offence, violation of law, business, entrepreneurship, business entities, economic entities, financial and economic sphere, unification, systematization

DOI: 10.7256/2454-0765.2015.2.15647

Abstract: In her article Lapina examines provisions of different branches of law that regulate social relations in the financial and economic sphere. The article is devoted to the content and nature of state coercion and peculiarities of the classification of administrative enforcement measures as a form of state coercion. The example of budget, banking and securities market legislations demonstrated the lack of a unified system of measures of state coercion in the Russian Federation. The researcher emphasizes the need for the integrated improvement of the system of measures of state coercion in all spheres and areas of public administration including finances.  In the process of writing this article the following methods were used: hermeneutical approach, systems approach, analysis and synthesis, induction and deduction, comparative law research and other methods that are usually used in legal research. According to the researcher, such improvement should involve the entire system of Russian legislation, i.e. not only sectoral legislation that contains field-specific measures of state coercion but also unified laws that establish different kinds of legal responsibility and describe the system of associated measures (forms) of punishment (criminal, administrative, disciplinary, etc.) for violation of law.   

Keywords: financial sphere, public administration, securities market, legislation of the Russian Federation, banking sector, supervisory response measures, special enforcement measures, budget enforcement, administrative enforcement, government coercion

DOI: 10.7256/2454-0765.2015.2.66744

Abstract: In her article Lapina examines provisions of different branches of law that regulate social relations in the financial and economic sphere. The article is devoted to the content and nature of state coercion and peculiarities of the classification of administrative enforcement measures as a form of state coercion. The example of budget, banking and securities market legislations demonstrated the lack of a unified system of measures of state coercion in the Russian Federation. The researcher emphasizes the need for the integrated improvement of the system of measures of state coercion in all spheres and areas of public administration including finances.  In the process of writing this article the following methods were used: hermeneutical approach, systems approach, analysis and synthesis, induction and deduction, comparative law research and other methods that are usually used in legal research. According to the researcher, such improvement should involve the entire system of Russian legislation, i.e. not only sectoral legislation that contains field-specific measures of state coercion but also unified laws that establish different kinds of legal responsibility and describe the system of associated measures (forms) of punishment (criminal, administrative, disciplinary, etc.) for violation of law.   

Keywords: financial sphere, public administration, securities market, legislation of the Russian Federation, banking sector, supervisory response measures, special enforcement measures, budget enforcement, administrative enforcement, government coercion

DOI: 10.7256/2454-0765.2015.2.15663

Abstract: The paper examines the essence and features of administrative enforcement as a form of state (government) coercion. Various points of view on the concept, nature and features of state coercion are discussed. Attention is paid to the fact that enforcement as a method of control is inseparably linked to the methods such as persuasion and encouragement. At the same time, these methods are equal to each other and none of them have priorities in terms of their application. The author of the article also focuses on the fact that in government it is impossible to be limited to a strictly defined sequence of application of management techniques.  In the process of writing this article the following methods have been used: hermeneutical approach, systems approach, analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. It is concluded that  administrative and legal measures are flexible in their application when the same measure can have different goals and objectives, often these are preventive measures, i.e. they are aimed at preventing the occurrence of negative or harmful consequences.

Keywords: encouragement, enforcement, administrative measures, preventive measure, security, persuasion, administrative and legal deterrence, administrative responsibility, administrative enforcement, government coercion

DOI: 10.7256/2454-0765.2015.2.66745

Abstract: The paper examines the essence and features of administrative enforcement as a form of state (government) coercion. Various points of view on the concept, nature and features of state coercion are discussed. Attention is paid to the fact that enforcement as a method of control is inseparably linked to the methods such as persuasion and encouragement. At the same time, these methods are equal to each other and none of them have priorities in terms of their application. The author of the article also focuses on the fact that in government it is impossible to be limited to a strictly defined sequence of application of management techniques.  In the process of writing this article the following methods have been used: hermeneutical approach, systems approach, analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. It is concluded that  administrative and legal measures are flexible in their application when the same measure can have different goals and objectives, often these are preventive measures, i.e. they are aimed at preventing the occurrence of negative or harmful consequences.

Keywords: encouragement, enforcement, administrative measures, preventive measure, security, persuasion, administrative and legal deterrence, administrative responsibility, administrative enforcement, government coercion

DOI: 10.7256/2454-0765.2015.2.15675

Abstract: The authors of the article analyze the essence of enforcement. A comparison of the positions of the legislator to regulate government and non-government coercion is made. Legal gaps in the legislation on private security activities have been demonstrated. Based on the analysis of legal regulation of the use of physical force by law enforcement agencies, voluntary people's guard as well as citizens, the authors have formulated a proposal to improve the legal regulation of the use of physical force by private security guards. Defense of their own rights and interests is a natural function of all organized social structures. Therefore, the authors believe that a government does not have a right to establish a monopoly on security activities as a defense of their rights. In the process of writing this article the authors have used the following research methods: hermeneutical approach, systems approach, analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The authors suggest that Article 16.1 of the law 'On Private Detective and Security Activity in the Russian Federation' should be read as follows: 'Private security guards have the right to apply physical force where soft power methods do not allow a security agency to accomplish their duty to apprehend a person who has committed a security incident trying to seize the guarded property or violating the on-site and/or access control as well as in cases when the use of special security means or firearm is allowed by the present Law'. 

Keywords: degree of crime, private security activities, physical force, enforcement, coercion, security guard, coercive measures, enforcement measures, law, voluntary people's guard (Druzhina), government coercion, non-government coercion

DOI: 10.7256/2454-0765.2015.2.66746

Abstract: The authors of the article analyze the essence of enforcement. A comparison of the positions of the legislator to regulate government and non-government coercion is made. Legal gaps in the legislation on private security activities have been demonstrated. Based on the analysis of legal regulation of the use of physical force by law enforcement agencies, voluntary people's guard as well as citizens, the authors have formulated a proposal to improve the legal regulation of the use of physical force by private security guards. Defense of their own rights and interests is a natural function of all organized social structures. Therefore, the authors believe that a government does not have a right to establish a monopoly on security activities as a defense of their rights. In the process of writing this article the authors have used the following research methods: hermeneutical approach, systems approach, analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The authors suggest that Article 16.1 of the law 'On Private Detective and Security Activity in the Russian Federation' should be read as follows: 'Private security guards have the right to apply physical force where soft power methods do not allow a security agency to accomplish their duty to apprehend a person who has committed a security incident trying to seize the guarded property or violating the on-site and/or access control as well as in cases when the use of special security means or firearm is allowed by the present Law'. 

Keywords: degree of crime, private security activities, physical force, enforcement, coercion, security guard, coercive measures, enforcement measures, law, government coercion, non-government coercion

DOI: 10.7256/2454-0765.2015.2.15677

Abstract: The subject of the research is the provisions of different branches of law regulating social relations in various spheres of social life. In his article Melekhin analyzes the reasons for the lack of efficiency of public administration, identifies the problems of efficiency of measures of government coercion in various fields and provides suggestions to improve it. According to the author of the article, it is also necessary to take into account legitimacy of law themselves, i.e. whether they have justified and reasonable requirements or not. The author emphasizes the need to create the strategy of the development of Russian law that would become an integral part of the Russian state and society. In the process of writing this article the author has used the following research methods: hermeneutical approach, systems approach, analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The author concludes that in order to create an efficient mehanism of the execution of judgements of the Constitutional Court of the Russian Federation, it is necessary to cover the legal liability of officials (including officials with special status) who represent all branches of governance and bear the responsibility to execute these judgements including their dismissal from office in case they fail to perform their obligations. 

Keywords: responsibility, government coercion, governance, efficiency, increase in efficiency, social life, Russian law, Russian society, enforcement, constitutional court

DOI: 10.7256/2454-0765.2015.2.66747

Abstract: The subject of the research is the provisions of different branches of law regulating social relations in various spheres of social life. In his article Melekhin analyzes the reasons for the lack of efficiency of public administration, identifies the problems of efficiency of measures of government coercion in various fields and provides suggestions to improve it. According to the author of the article, it is also necessary to take into account legitimacy of law themselves, i.e. whether they have justified and reasonable requirements or not. The author emphasizes the need to create the strategy of the development of Russian law that would become an integral part of the Russian state and society. In the process of writing this article the author has used the following research methods: hermeneutical approach, systems approach, analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The author concludes that in order to create an efficient mehanism of the execution of judgements of the Constitutional Court of the Russian Federation, it is necessary to cover the legal liability of officials (including officials with special status) who represent all branches of governance and bear the responsibility to execute these judgements including their dismissal from office in case they fail to perform their obligations. 

Keywords: responsibility, government coercion, governance, efficiency, increase in efficiency, social life, Russian law, Russian society, enforcement, constitutional court

DOI: 10.7256/2454-0765.2015.2.15682

Abstract: In his article Truntsevsky defined the concept of measures of criminal law and offered his classification of enforcement measures in criminal law. Depending on the common goals of criminal law activity, the measures have been divided into the following groups: measures of crime prevention and suppression and measures of execution of criminal liability. Depending on the nature of criminal law activity, all the measures stated in the Criminal Code of the Russian Federation have been divided into: measures of crime prevention, precime mesures, reconstructive measures and corrective measures (penalty (punishment) and probation); measures of execution of criminal liability; measures of single non-rehabilitating decriminilization and therapeutic intervention. In the process of writing this article Truntsevsky has used the following research methods: hermeneutical and systems approaches, methods of synthesis and analysis, induction and deduction, comparative law method and other methods that are usually used in legal research. The results of the analysis of criminal legislation regulating the mechanism of criminal law enforcement applied to participants of social relations have allowed to provide a definition of the concept of 'enforcement measures of criminal law' as legally fixed forms and means of special activity performed by the government, society and particular citizens for the purpose of achieving both the common goals of crime combating (prevention, suppression of crime, minimization and/or elimination of crime consequences) and individual goals of each group of enforcement measures. 

Keywords: combating crime, criminal legislation, suppression of crime, crime prevention, probation, punishment, criminal responsibility, criminal law, Criminal Code, coercive measures

DOI: 10.7256/2454-0765.2015.2.66748

Abstract: In his article Truntsevsky defined the concept of measures of criminal law and offered his classification of enforcement measures in criminal law. Depending on the common goals of criminal law activity, the measures have been divided into the following groups: measures of crime prevention and suppression and measures of execution of criminal liability. Depending on the nature of criminal law activity, all the measures stated in the Criminal Code of the Russian Federation have been divided into: measures of crime prevention, precime mesures, reconstructive measures and corrective measures (penalty (punishment) and probation); measures of execution of criminal liability; measures of single non-rehabilitating decriminilization and therapeutic intervention. In the process of writing this article Truntsevsky has used the following research methods: hermeneutical and systems approaches, methods of synthesis and analysis, induction and deduction, comparative law method and other methods that are usually used in legal research. The results of the analysis of criminal legislation regulating the mechanism of criminal law enforcement applied to participants of social relations have allowed to provide a definition of the concept of 'enforcement measures of criminal law' as legally fixed forms and means of special activity performed by the government, society and particular citizens for the purpose of achieving both the common goals of crime combating (prevention, suppression of crime, minimization and/or elimination of crime consequences) and individual goals of each group of enforcement measures. 

Keywords: combating crime, criminal legislation, suppression of crime, crime prevention, probation, punishment, criminal responsibility, criminal law, Criminal Code, coercive measures

DOI: 10.7256/2454-0765.2015.2.15704

Abstract: In January 2015 a group of the State Duma deputies introduced the draft federal law No. 703192-6 'The Code of the Russian Federation on Administrative Offenses. General Part'. Introduction of the General Part of the Code of the Russian Federation on Administrative Offences drew attention of many researchers and encouraged lively discussion regarding alternative choices of modernization of the administrative tort legislation in the Russian Federation. In the process of writing this article the author has used the following research methods: hermeneutical method, systems method, analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. Suggestions have been made on the methodology and organization of legislative activities for the implementation of this legislative initiative. The researcher concludes that there is a certain need to create and simultaneously work on the preparation of the law in three interdepartmental work teams as well as to arrange for a public discussion of the draft law on the Internet. 

Keywords: modernization of legislation, federal law, Code of the Russian Federation, administrative offence, administrative liability, administrative tort legislation, legislative activity, legislative initiative, legislative act, administrative proceedings

DOI: 10.7256/2454-0765.2015.2.66749

Abstract: In January 2015 a group of the State Duma deputies introduced the draft federal law No. 703192-6 'The Code of the Russian Federation on Administrative Offenses. General Part'. Introduction of the General Part of the Code of the Russian Federation on Administrative Offences drew attention of many researchers and encouraged lively discussion regarding alternative choices of modernization of the administrative tort legislation in the Russian Federation. In the process of writing this article the author has used the following research methods: hermeneutical method, systems method, analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. Suggestions have been made on the methodology and organization of legislative activities for the implementation of this legislative initiative. The researcher concludes that there is a certain need to create and simultaneously work on the preparation of the law in three interdepartmental work teams as well as to arrange for a public discussion of the draft law on the Internet. 

Keywords: modernization of legislation, federal law, Code of the Russian Federation, administrative offence, administrative liability, administrative tort legislation, legislative activity, legislative initiative, legislative act, administrative proceedings

DOI: 10.7256/2454-0765.2015.2.15714

Abstract: The article reveals the differences in bringing to disciplinary, financial and administrative responsibility of civil servants, military personnel and government officials with special ranks, and law-enforcement officials. In her article Popova provides data regarding law enforcement practice of bringing to administrative responsibility. Thus, during the first half of 2014, 133 officials working at state and municipal control (supervisory) agencies got a notice and 67 officials were subject to fine for a failure to observe the legal requirements for state control (supervision) (Article 19.6.1). In the process of writing this article the following research methods have been used: hermeneutical method, systems method, analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The results of the analysis of legal practice demonstrate that government officials are rarely disqualified for their failure to observe legal requirements. The Code of the Russian Federation on Administrative Offences has Article 19.1 that specifies the universal crime components of 'usurpation of power'. According to the Article, all civil servants can be brought to administrative responsibility but not only persons who have a special status of a government official. 

Keywords: liability, responsibility, disciplinary responsibility, administrative responsibility, civil servants, military personnel, have special ranks, government officials, law enforcement agencies, differences, coercive measures

DOI: 10.7256/2454-0765.2015.2.66750

Abstract: The article reveals the differences in bringing to disciplinary, financial and administrative responsibility of civil servants, military personnel and government officials with special ranks, and law-enforcement officials. In her article Popova provides data regarding law enforcement practice of bringing to administrative responsibility. Thus, during the first half of 2014, 133 officials working at state and municipal control (supervisory) agencies got a notice and 67 officials were subject to fine for a failure to observe the legal requirements for state control (supervision) (Article 19.6.1). In the process of writing this article the following research methods have been used: hermeneutical method, systems method, analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The results of the analysis of legal practice demonstrate that government officials are rarely disqualified for their failure to observe legal requirements. The Code of the Russian Federation on Administrative Offences has Article 19.1 that specifies the universal crime components of 'usurpation of power'. According to the Article, all civil servants can be brought to administrative responsibility but not only persons who have a special status of a government official. 

Keywords: liability, responsibility, disciplinary responsibility, administrative responsibility, civil servants, military personnel, have special ranks, government officials, law enforcement agencies, differences, coercive measures

DOI: 10.7256/2454-0765.2015.2.15724

Abstract: Preventon of unlawful acts committed by minors and involving minors. The author of the article analyzes the work of territorial bodies of internal affairs under Part 2.1 of Article 14.16 of the Code of the Russian Federation on Administrative Offences 'Retail of alcoholic products to a minor if this action does not contain a criminally punishable act" to bring officials, individuals and legal entities to justice. Versions of participation of minors in preventive actions conducted together with police are considered. In the process of writing this article the following research methods have been used: hermeneutical method, systems method, analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. Noteworthy that Part 2.1 of Article 14.16 of the Code of the Russian Federation on Administrative Offences No. 195 of December 30, 2001 (hereafter the Administrative Offences Code) prohibits only retail of alcoholic products to a minor while other forms of dispossession (transfer by gift, exchange, wholesale, etc.) are not punishable. 

Keywords: legislation, measures, administrative coercion, law-enforcement bodies, prevention, suppression, application, norms, standards, retail, alcoholic beverages

DOI: 10.7256/2454-0765.2015.2.66751

Abstract: Preventon of unlawful acts committed by minors and involving minors. The author of the article analyzes the work of territorial bodies of internal affairs under Part 2.1 of Article 14.16 of the Code of the Russian Federation on Administrative Offences 'Retail of alcoholic products to a minor if this action does not contain a criminally punishable act" to bring officials, individuals and legal entities to justice. Versions of participation of minors in preventive actions conducted together with police are considered. In the process of writing this article the following research methods have been used: hermeneutical method, systems method, analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. Noteworthy that Part 2.1 of Article 14.16 of the Code of the Russian Federation on Administrative Offences No. 195 of December 30, 2001 (hereafter the Administrative Offences Code) prohibits only retail of alcoholic products to a minor while other forms of dispossession (transfer by gift, exchange, wholesale, etc.) are not punishable. 

Keywords: legislation, measures, administrative coercion, law-enforcement bodies, prevention, suppression, application, norms, standards, retail, alcoholic beverages

DOI: 10.7256/2454-0765.2015.2.15731

Abstract: The Russian Federation is committed to a state policy aimed at ensuring the rule of law and respect for human rights in the national sector of the Internet. Developed and adopted legal acts in this area are aimed at ensuring the information security of the state, citizens and business entities. Therefore, implementation of adequate methods of combating illegal content distribution has become an urgent need for public authorities. Comparative analysis of international law and European legislation led to the conclusion on the admissibility and feasibility of the informational intervention process through a global network to prevent the negative content spreading. The Russian Federation has introduced a procedure for limiting access to information distributed in violation of the law. Systems analysis of existing legislation showed that none of the procedural branches of Russian law have no state enforcement measures to prevent the spread of forbidden information on the Internet before the court decision comes into force. It is proposed to consider restricting access to Internet sites containing improper information as a measure of government coercion. The researcher emphasizes the need to include a procedure for limiting access to information on the Internet as a measure to ensure the Russian Criminal Procedure Code, the Code of Administrative Offences, the Code of Administrative Procedure and the Code of Civil Procedure.

Keywords: access restriction, measures to ensure, information, malicious content, information offenses, Internet, information security, court procedures, state (government) enforcement, procedural law

DOI: 10.7256/2454-0765.2015.2.66752

Abstract: The Russian Federation is committed to a state policy aimed at ensuring the rule of law and respect for human rights in the national sector of the Internet. Developed and adopted legal acts in this area are aimed at ensuring the information security of the state, citizens and business entities. Therefore, implementation of adequate methods of combating illegal content distribution has become an urgent need for public authorities. Comparative analysis of international law and European legislation led to the conclusion on the admissibility and feasibility of the informational intervention process through a global network to prevent the negative content spreading. The Russian Federation has introduced a procedure for limiting access to information distributed in violation of the law. Systems analysis of existing legislation showed that none of the procedural branches of Russian law have no state enforcement measures to prevent the spread of forbidden information on the Internet before the court decision comes into force. It is proposed to consider restricting access to Internet sites containing improper information as a measure of government coercion. The researcher emphasizes the need to include a procedure for limiting access to information on the Internet as a measure to ensure the Russian Criminal Procedure Code, the Code of Administrative Offences, the Code of Administrative Procedure and the Code of Civil Procedure.

Keywords: access restriction, measures to ensure, information, malicious content, information offenses, Internet, information security, court procedures, state (government) enforcement, procedural law

DOI: 10.7256/2454-0765.2016.3.19970

Abstract: The subject of the research is the legal and financial competencies in the sphere of AML/CFT  that are based, first of all, on the level of financial and legal literacy sufficient for performance of professional responsibilities. AML/CFT education is viewed as a priority in the development of the humanities in the Eurasian Economic Union member-states which is conditioned by the growing risk of illegal financial operations in the region. AML/CFT sphere is analyzed from the point of view of its complex nature expressed in the combination of legal, economic, organizational competencies of specialists in this sphere. The research is based on the complex approach, systems approach, comparative method, legalistic approach and the principle of methodological pluralism. The novelty of scientific solutions is defined by the fact that the authors conducts an important research taking into account the main trends in the development of modern integration processes. The authors of the article conclude about the need to introduce the integration vector in modern humanities (in particular, in training AML/CFT specialists) which is conditioned by the supra-national specifics of the sphere. The results of the research are presented in the form of established methodological approaches to training AML/CFT specialists built on the combination of financial and legal literacy. The aforesaid results can be used by HR specialists in the supra-national EEU bodies and EEU financial intelligence agencies. 

Keywords: Eurasian Economic Union, integration, financial competence, legal competence, legal awareness, financial literacy, legal literacy, AML/CFT, professional standard, education

DOI: 10.7256/2454-0765.2016.3.68222

Abstract: The subject of the research is the legal and financial competencies in the sphere of AML/CFT  that are based, first of all, on the level of financial and legal literacy sufficient for performance of professional responsibilities. AML/CFT education is viewed as a priority in the development of the humanities in the Eurasian Economic Union member-states which is conditioned by the growing risk of illegal financial operations in the region. AML/CFT sphere is analyzed from the point of view of its complex nature expressed in the combination of legal, economic, organizational competencies of specialists in this sphere. The research is based on the complex approach, systems approach, comparative method, legalistic approach and the principle of methodological pluralism. The novelty of scientific solutions is defined by the fact that the authors conducts an important research taking into account the main trends in the development of modern integration processes. The authors of the article conclude about the need to introduce the integration vector in modern humanities (in particular, in training AML/CFT specialists) which is conditioned by the supra-national specifics of the sphere. The results of the research are presented in the form of established methodological approaches to training AML/CFT specialists built on the combination of financial and legal literacy. The aforesaid results can be used by HR specialists in the supra-national EEU bodies and EEU financial intelligence agencies. 

Keywords: Eurasian Economic Union, integration, financial competence, legal competence, legal awareness, financial literacy, legal literacy, AML/CFT, professional standard, education

DOI: 10.7256/2454-0765.2015.2.15739

Abstract: Nowadays state competition policy is of outmost importance. Competition policy is the policy that establishes mandatory rules in the sphere of business competition and provides for particular legal arrangements to enforce these rules. Competition policy is also a set of actions that are conducted by special authorities with reference to business entities and aimed at their observance of the aforesaid rules. In her research Ruchkina examines the activity of a competition authority and analyzes different instruments implemented by such an authority to protect competition in the sphere of the management of apartment buildings. According to the researcher, a state antimonopoly authority should pay more attention to the advocacy of competition in this sphere, i.e. conduction of activities aimed at shaping public opinion, explanation of the advantages of competition economics and interpretation of the povisions of the competition law and the scope of activity of the Federal Antimonopoly Service of Russia. In the process of writing this article the following research methods have been used: hermeneutical method, systems method, analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. According to the researcher, it would be enough to oblige managers of building apartments to post information provided by the Federal Antimonopoly Service of Russia for the purpose of giving more information to citizens regarding the competition law and antimonopoly regulation in the sphere of housing legislation in Russia. In this case, managers of apartment buildings will be able to provide their tenants with all the neessary information by posting it on local websites and information boards at management offices and apartment buildings. 

Keywords: management companies, management of apartment buildings, competition protection, competition (antimonopoly) authority, state control, competition policy, state competition policy, business entities, antimonopoly control, competition law

DOI: 10.7256/2454-0765.2015.2.66753

Abstract: Nowadays state competition policy is of outmost importance. Competition policy is the policy that establishes mandatory rules in the sphere of business competition and provides for particular legal arrangements to enforce these rules. Competition policy is also a set of actions that are conducted by special authorities with reference to business entities and aimed at their observance of the aforesaid rules. In her research Ruchkina examines the activity of a competition authority and analyzes different instruments implemented by such an authority to protect competition in the sphere of the management of apartment buildings. According to the researcher, a state antimonopoly authority should pay more attention to the advocacy of competition in this sphere, i.e. conduction of activities aimed at shaping public opinion, explanation of the advantages of competition economics and interpretation of the povisions of the competition law and the scope of activity of the Federal Antimonopoly Service of Russia. In the process of writing this article the following research methods have been used: hermeneutical method, systems method, analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. According to the researcher, it would be enough to oblige managers of building apartments to post information provided by the Federal Antimonopoly Service of Russia for the purpose of giving more information to citizens regarding the competition law and antimonopoly regulation in the sphere of housing legislation in Russia. In this case, managers of apartment buildings will be able to provide their tenants with all the neessary information by posting it on local websites and information boards at management offices and apartment buildings. 

Keywords: management companies, management of apartment buildings, competition protection, competition (antimonopoly) authority, state control, competition policy, state competition policy, business entities, antimonopoly control, competition law

DOI: 10.7256/2454-0765.2015.2.15741

Abstract: In this paper the author examines the legal and administrative measures for the protection of competition, i.e. measures conducted by antimonopoly agencies to prevent avoidance, restriction or elimination of competition in accordance with the Competition Protection Law. The author proposes different classifications of measures performed by antimonopoly agencies in the sphere of business competition protection as a result of violations of the antimonopoly legislation. The author divides all measures of administrative enforcement into the two groups: 1. The administrative responsibility measures. 2. Measures to ensure implementation of legislation in the sphere of competition protection (i.e. enforcement measures).  In the proccess of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research.  The author also focuses on the administrative preclusive and interim measures the specificity of which is that they protect social relations with reference to public bidding and conclusion of treaties rather than social relations in the sphere of business competition as they are. According to the author,  these relations should soon include relations connected with the order of procedures in the field of urban planning and land relations.

Keywords: competition, administrative measures, liability, antimonopoly (competition) law, competition protection, administative enforcement, legal measures, administrative responsibility, preventive measures, interim measures

DOI: 10.7256/2454-0765.2015.2.66754

Abstract: In this paper the author examines the legal and administrative measures for the protection of competition, i.e. measures conducted by antimonopoly agencies to prevent avoidance, restriction or elimination of competition in accordance with the Competition Protection Law. The author proposes different classifications of measures performed by antimonopoly agencies in the sphere of business competition protection as a result of violations of the antimonopoly legislation. The author divides all measures of administrative enforcement into the two groups: 1. The administrative responsibility measures. 2. Measures to ensure implementation of legislation in the sphere of competition protection (i.e. enforcement measures).  In the proccess of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research.  The author also focuses on the administrative preclusive and interim measures the specificity of which is that they protect social relations with reference to public bidding and conclusion of treaties rather than social relations in the sphere of business competition as they are. According to the author,  these relations should soon include relations connected with the order of procedures in the field of urban planning and land relations.

Keywords: competition, administrative measures, liability, antimonopoly (competition) law, competition protection, administative enforcement, legal measures, administrative responsibility, preventive measures, interim measures

DOI: 10.7256/2454-0765.2015.2.15749

Abstract: The pension system of Russia is a multicomponent dynamically changing economic system. A stable functioning of this system depends on a whole range of factors including demographic and macroeconomic factors, labour, forms (models) of the state provision of pensions (insurance, pension saving, budgetary pension). Efficient functioning of the pension system depends on many factors. Noteworthy that the isolated consideration of the mechanism of influence of, for example, demographic factors on the pension system without considering the influence of other factors, for example, macroeconomic factors, inevitably fixes the fact of financial instability of the Russian pension system in the long-term prospect. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. According to the author, in order to resolve the basic problems of the pension reform, it is necessary to define the economic and legal status of insurance premiums as a composite (deferred) component of salary. This would allow to answer the perennial question about the economic status of the entire pension system, in particular, the question about the who these contributions belong to. At the same time, it is necessary to clarify particular parameters and standards for defining the price of labor power at the country level. 

Keywords: state pension debt, pension rights, pension system, pension reform, social protection, insurance premiums, contributions, price of labor power, pensioner, government obligations

DOI: 10.7256/2454-0765.2015.2.66755

Abstract: The pension system of Russia is a multicomponent dynamically changing economic system. A stable functioning of this system depends on a whole range of factors including demographic and macroeconomic factors, labour, forms (models) of the state provision of pensions (insurance, pension saving, budgetary pension). Efficient functioning of the pension system depends on many factors. Noteworthy that the isolated consideration of the mechanism of influence of, for example, demographic factors on the pension system without considering the influence of other factors, for example, macroeconomic factors, inevitably fixes the fact of financial instability of the Russian pension system in the long-term prospect. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. According to the author, in order to resolve the basic problems of the pension reform, it is necessary to define the economic and legal status of insurance premiums as a composite (deferred) component of salary. This would allow to answer the perennial question about the economic status of the entire pension system, in particular, the question about the who these contributions belong to. At the same time, it is necessary to clarify particular parameters and standards for defining the price of labor power at the country level. 

Keywords: state pension debt, pension rights, pension system, pension reform, social protection, insurance premiums, contributions, price of labor power, pensioner, government obligations

DOI: 10.7256/2454-0765.2015.2.15750

Abstract: Upon performance of the agreements made as the part of WTO accession, conflicts and gaps in the effective legislation on environmental protection and ecological safety create an objective need to carry out an integrated analysis as well as to systematize the existing legal regulations and improve the effective legislation and law enforcement practice. The author of the present article provides a comprehensive analysis of the provisions of international law and federal law regulating relations in the sphere of environmental protection, ecological safety and law enforcement in order to develop practical recommendations aimed at improving the reporting activity. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. According to the author of the article, in order to analyze and predict the impact on the natural environment and ecological safety that Russia's accession to the WTO may inflict, it would be useful to prepare the national assessment of environmental consequences of the accession of the Rusian Federation to the WTO and to develop a draft Program of legal regulation of improvements in the country's legislation in accordance with the WTO requirements. The author of the present article discusses other solutions of this problem as well. 

Keywords: environmental management, ecological safety, environment, financial control, WTO, The natural environment, environmental consequences, state resources, safe environment, greening the economy

DOI: 10.7256/2454-0765.2015.2.66756

Abstract: Upon performance of the agreements made as the part of WTO accession, conflicts and gaps in the effective legislation on environmental protection and ecological safety create an objective need to carry out an integrated analysis as well as to systematize the existing legal regulations and improve the effective legislation and law enforcement practice. The author of the present article provides a comprehensive analysis of the provisions of international law and federal law regulating relations in the sphere of environmental protection, ecological safety and law enforcement in order to develop practical recommendations aimed at improving the reporting activity. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. According to the author of the article, in order to analyze and predict the impact on the natural environment and ecological safety that Russia's accession to the WTO may inflict, it would be useful to prepare the national assessment of environmental consequences of the accession of the Rusian Federation to the WTO and to develop a draft Program of legal regulation of improvements in the country's legislation in accordance with the WTO requirements. The author of the present article discusses other solutions of this problem as well. 

Keywords: environmental management, ecological safety, environment, financial control, WTO, The natural environment, environmental consequences, state resources, safe environment, greening the economy

DOI: 10.7256/2454-0765.2015.2.15757

Abstract: Enforcement of customs duties is a system of preventive, preclusive and restorative measures established the legislation of the Eurisan Economic Union and the Russian Fedeation and applied to taxpayers (physical and legal entities) in order to render control and ensure legality in the sphere of customs payments, to observe the payment rules and to receive data about taxpayers paying or non-pyaing their customs duties and, in case of violation of the customs law, to implement measures of financial, administrative or criminal responsibility. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. Forced recovery of customs duties is a type of state coercion. It is shown that the forced recovery of customs duties involves the use of the judicial and executive powers established by the law enforcement measures to prevent and punish misconduct of legal entities as well as to eliminate harmful social consequences of such behavior. The system of customs enforcement measures can be differentiated by its significance, strength and the scope of application.

Keywords: Customs Union, customs duties, physical entities, legal entities, enforced recovery, customs enforcement, payment of customs duties, customs code, state coercion, customs charges

DOI: 10.7256/2454-0765.2015.2.66757

Abstract: Enforcement of customs duties is a system of preventive, preclusive and restorative measures established the legislation of the Eurisan Economic Union and the Russian Fedeation and applied to taxpayers (physical and legal entities) in order to render control and ensure legality in the sphere of customs payments, to observe the payment rules and to receive data about taxpayers paying or non-pyaing their customs duties and, in case of violation of the customs law, to implement measures of financial, administrative or criminal responsibility. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. Forced recovery of customs duties is a type of state coercion. It is shown that the forced recovery of customs duties involves the use of the judicial and executive powers established by the law enforcement measures to prevent and punish misconduct of legal entities as well as to eliminate harmful social consequences of such behavior. The system of customs enforcement measures can be differentiated by its significance, strength and the scope of application.

Keywords: Customs Union, customs duties, physical entities, legal entities, enforced recovery, customs enforcement, payment of customs duties, customs code, state coercion, customs charges

DOI: 10.7256/2454-0765.2014.4.14194

Abstract: Abstract. The research investigates integrated environmental legal categories as a factor to optimize public administration. Environmental relations should occupy an important place among the factors optimizing public administration. In fact, they represent a very complex symbiosis reflecting closely intertwined interests of different social groups, communities and society as a whole. The environmental law has developed specific scientific and methodological categorical apparatus which from the authors’ point of view can be successfully adapted in conditions of systemic transformation of management processes in Russian society. In order to assess the impact of environmental categories on economic relations, the authors use the method of system analysis. The authors conclude that the conceptual categories of "ecologization", "ecological interest" and "ecological compromise" are dualistic in nature i.e. they combine formal legal and prudential components and can, therefore, act as specific regulators of social relations in social economic sphere of public administration.  

Keywords: environmental compromise, environmental interest, ecologization, ecological function of the state, tconcept of sustainable development, environmental relations, management processes, public administration, environmental agreement, environmental risks

DOI: 10.7256/2454-0765.2014.4.66163

Abstract: The research investigates integrated environmental legal categories as a factor to optimize public administration. Environmental relations should occupy an important place among the factors optimizing public administration. In fact, they represent a very complex symbiosis reflecting closely intertwined interests of different social groups, communities and society as a whole. The environmental law has developed specific scientific and methodological categorical apparatus which from the authors’ point of view can be successfully adapted in conditions of systemic transformation of management processes in Russian society. In order to assess the impact of environmental categories on economic relations, the authors use the method of system analysis. The authors conclude that the conceptual categories of "ecologization", "ecological interest" and "ecological compromise" are dualistic in nature i.e. they combine formal legal and prudential components and can, therefore, act as specific regulators of social relations in social economic sphere of public administration.  

Keywords: environmental compromise, environmental interest, ecologization, ecological function of the state, tconcept of sustainable development, environmental relations, management processes, public administration, environmental agreement, environmental risks

DOI: 10.7256/2454-0765.2015.2.15759

Abstract: The article focuses on the coercive administrative measures used by customs authorities (in particular, in case of cutoms violation). Types of legal assistance between the Eurasian Economic Union customs authorities in administrative matters are shown as a unique tool for law enforcement activity and coercive administrative measures allowing to extend the jurisdiction of a customs authority of one member state over the territory of another member state. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. According to the author, coercive administrative measures can be implemented by customs authorities not only within the Russian Fedeation but also in the territory of the Eurasian Economic Union member states by using legal assistance tools. Thus, the Eurasian Economic Unity international legal framework allows to extend the jurisdiction of a customs authority of one member state over the other. 

Keywords: legal assistance, international legal framework, administrative coercive measures, customs violation, customs offence, customs authority, mutual legal assistance, mutual administrative assistance, Eurasian Economic Union, administrative offenses, jurisdiction

DOI: 10.7256/2454-0765.2015.2.66758

Abstract: The article focuses on the coercive administrative measures used by customs authorities (in particular, in case of cutoms violation). Types of legal assistance between the Eurasian Economic Union customs authorities in administrative matters are shown as a unique tool for law enforcement activity and coercive administrative measures allowing to extend the jurisdiction of a customs authority of one member state over the territory of another member state. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. According to the author, coercive administrative measures can be implemented by customs authorities not only within the Russian Fedeation but also in the territory of the Eurasian Economic Union member states by using legal assistance tools. Thus, the Eurasian Economic Unity international legal framework allows to extend the jurisdiction of a customs authority of one member state over the other. 

Keywords: legal assistance, international legal framework, administrative coercive measures, customs violation, customs offence, customs authority, mutual legal assistance, mutual administrative assistance, Eurasian Economic Union, administrative offenses, jurisdiction

DOI: 10.7256/2454-0765.2015.2.15764

Abstract: Summarizing the results of the analysis of legal provisions regulating measures of administrative enforcement in the sphere of land relations and their practical implementation by executive authorities, it is necessary to note that implementation of coercive measures in the sphere of land relations should be based on the principle of delineation of authority between federal executive agencies entitled to carry out a state land superivision and take into account that forced disposition of the right to land should be applied only when there are particular grounds for such application under the civil and land legislation. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. Based on the analysis of legal provisions of the Russian Civil Code, Land code of the Russian Federation, other federal laws and regulations and court practice the author of the article identifies and discusses special features of the procedure of application of measures of state coercion for violations and offences in the sphere of land relations.

Keywords: seizure of land, executive branch of the government, land offense, state land supervision, use of land, involuntary termination of rights, right to land, land relations, state coercion, civil legislation

DOI: 10.7256/2454-0765.2015.2.66759

Abstract: Summarizing the results of the analysis of legal provisions regulating measures of administrative enforcement in the sphere of land relations and their practical implementation by executive authorities, it is necessary to note that implementation of coercive measures in the sphere of land relations should be based on the principle of delineation of authority between federal executive agencies entitled to carry out a state land superivision and take into account that forced disposition of the right to land should be applied only when there are particular grounds for such application under the civil and land legislation. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. Based on the analysis of legal provisions of the Russian Civil Code, Land code of the Russian Federation, other federal laws and regulations and court practice the author of the article identifies and discusses special features of the procedure of application of measures of state coercion for violations and offences in the sphere of land relations.

Keywords: seizure of land, executive branch of the government, land offense, state land supervision, use of land, involuntary termination of rights, right to land, land relations, state coercion, civil legislation

DOI: 10.7256/2454-0765.2015.2.15778

Abstract: Legal regulation of the largest taxpayers usually means excessive involvement of the government in their activities. When a guilty person, either physical or legal entity, is brought to tax or administrative liability, the composition of the offense and the socially dangerous acts are often identical. However, besides administrative or tax liability, legal researchers offer to impose criminal liability on legal entities that seems unreasonable. There is a draft law on these amendments that has been already introduced at the State Duma of the Federal Assembly of the Russian Federation. Based on the analysis of Russian legal science and system of law, the author of the present article believes that intruduction of criminal liability of legal entities is unreasonable. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. In case of bringing a legal entity to criminal liability, a large taxpayer can be subject not only to fine for an administrative offence but also to other measures of state influence as it is established by the draft law. Meanwhile, it is more difficult to establish guilt of a legal entity due to many contradictions regarding this matter that exist in legal science. According to the author, in this case it would be more reasonable to apply the pinciple of strict liability set forth by the Code of the Russian Federation on Administrative Offenses. C

Keywords: tax authority, administrative offense, tax offense, crime, criminal responsibility, the largest taxpayers, legal entities, Criminal Code, inactive company, administrative investigation

DOI: 10.7256/2454-0765.2015.2.66760

Abstract: Legal regulation of the largest taxpayers usually means excessive involvement of the government in their activities. When a guilty person, either physical or legal entity, is brought to tax or administrative liability, the composition of the offense and the socially dangerous acts are often identical. However, besides administrative or tax liability, legal researchers offer to impose criminal liability on legal entities that seems unreasonable. There is a draft law on these amendments that has been already introduced at the State Duma of the Federal Assembly of the Russian Federation. Based on the analysis of Russian legal science and system of law, the author of the present article believes that intruduction of criminal liability of legal entities is unreasonable. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. In case of bringing a legal entity to criminal liability, a large taxpayer can be subject not only to fine for an administrative offence but also to other measures of state influence as it is established by the draft law. Meanwhile, it is more difficult to establish guilt of a legal entity due to many contradictions regarding this matter that exist in legal science. According to the author, in this case it would be more reasonable to apply the pinciple of strict liability set forth by the Code of the Russian Federation on Administrative Offenses. C

Keywords: tax authority, administrative offense, tax offense, crime, criminal responsibility, the largest taxpayers, legal entities, Criminal Code, inactive company, administrative investigation

DOI: 10.7256/2454-0765.2015.2.15790

Abstract: At the present time Russian law does not have a effective institution of pre-trial settlement of disputes between physical entities, consumers of financial services, and organizations. Success of such an institution will directly depend on coercive measures a financial representative will be entitled to. The given draft law and associated amendments to other federal laws will be required to provide real mechanisms for the implementation of powers by financial ombudsman and the ability of credit organizations to additional types of liability. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. According to the author, it is important to define particular functions and powers of the service of a financial ombudsman. This would allow to make the right decisions regarding the iternal structure of the insitution and dispute resolution procedures. Based on the author, it is also a disputable question whether administrative responsibility should be imposed on financial organizations that are not members of the Service of Financial Representatives due to the status and nature of legal relations arising between the Service and such organizations considering the fact that the service of financial representatives is a non-profit organization.  

Keywords: personal finance, banking services, pre-trial settlement, bank account, coercive measures, administrative responsibility, responsibility, ombudsman, financial ombudsman, financial literacy

DOI: 10.7256/2454-0765.2015.2.66761

Abstract: At the present time Russian law does not have a effective institution of pre-trial settlement of disputes between physical entities, consumers of financial services, and organizations. Success of such an institution will directly depend on coercive measures a financial representative will be entitled to. The given draft law and associated amendments to other federal laws will be required to provide real mechanisms for the implementation of powers by financial ombudsman and the ability of credit organizations to additional types of liability. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. According to the author, it is important to define particular functions and powers of the service of a financial ombudsman. This would allow to make the right decisions regarding the iternal structure of the insitution and dispute resolution procedures. Based on the author, it is also a disputable question whether administrative responsibility should be imposed on financial organizations that are not members of the Service of Financial Representatives due to the status and nature of legal relations arising between the Service and such organizations considering the fact that the service of financial representatives is a non-profit organization.  

Keywords: personal finance, banking services, pre-trial settlement, bank account, coercive measures, administrative responsibility, responsibility, ombudsman, financial ombudsman, financial literacy

DOI: 10.7256/2454-0765.2015.2.15797

Abstract: Along with generally known types of legal responsibility (administrative, disciplinary, civil or criminal) for violations in the sphere of information protection (Article 17 of the Federal Law No. 149 of July 27, 2006 'On Information, Infomation Technologies and Information Protection'), it is also necessary to touch upon the problems that may arise when someone posts illegal infomation on the Internet. The current state of the web space demonstrates a wide distribution of illegal information. The aim of this study is to create a theoretical basis and prove the practical significance of extrajudicial blocking of websites that contain illegal information. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. Due to the nature of the global web, certain difficulties arise in determining jurisdiction and as a consequence, offenders can avoid liability. The article presents the author's interpretation of information enforcement and considers the proboem of restricting access to Internet resources. The author analyzes the Unified Register of Prohibitted Domain Names and demonstrates the need to limit the spread of illegal content on the Internet.

Keywords: negative information, illegal information, enforcement, access restriction, Internet, forbidden information, state coercion, illegal content, Internet sites, extrajudicial blocking of sites

DOI: 10.7256/2454-0765.2015.2.66762

Abstract: Along with generally known types of legal responsibility (administrative, disciplinary, civil or criminal) for violations in the sphere of information protection (Article 17 of the Federal Law No. 149 of July 27, 2006 'On Information, Infomation Technologies and Information Protection'), it is also necessary to touch upon the problems that may arise when someone posts illegal infomation on the Internet. The current state of the web space demonstrates a wide distribution of illegal information. The aim of this study is to create a theoretical basis and prove the practical significance of extrajudicial blocking of websites that contain illegal information. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. Due to the nature of the global web, certain difficulties arise in determining jurisdiction and as a consequence, offenders can avoid liability. The article presents the author's interpretation of information enforcement and considers the proboem of restricting access to Internet resources. The author analyzes the Unified Register of Prohibitted Domain Names and demonstrates the need to limit the spread of illegal content on the Internet.

Keywords: negative information, illegal information, enforcement, access restriction, Internet, forbidden information, state coercion, illegal content, Internet sites, extrajudicial blocking of sites

DOI: 10.7256/2454-0765.2015.2.15816

Abstract: Technological development and growing global economic activity encourage the rapid evolution of the transport system. In this research the topical issues connected with the commission of road accident and administrative offenses by the drivers who are in an alcohol intoxication are revealed. Using methods of scientific knowledge, the author offers possible solutions of the outlined problems such as equipping vehicles with special technical devices and creation of statutory documents for legal assistance and regulation of associated relations. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. Transport vehicles that may cause serious road accidents include those that are usually used to transfer passengers, goods or freight and to perform service or corporative tasks. According to the author, this is the type of vehicles legal and technical regulations and particular guidelines should apply to. Such vehicles should be equipped with special controlled intelligent systems that would detect drunk drivers (ignition interlock device or breath alcohol ignition interlock device). 

Keywords: vehicle, traffic safety, alcohol interlock ( breath alcohol ignition interl, drunk driver, administrative coercion, administrative responsibility, safety of citizens, administrative enforcement, alcohol intoxication, car owner

DOI: 10.7256/2454-0765.2015.2.66763

Abstract: Technological development and growing global economic activity encourage the rapid evolution of the transport system. In this research the topical issues connected with the commission of road accident and administrative offenses by the drivers who are in an alcohol intoxication are revealed. Using methods of scientific knowledge, the author offers possible solutions of the outlined problems such as equipping vehicles with special technical devices and creation of statutory documents for legal assistance and regulation of associated relations. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. Transport vehicles that may cause serious road accidents include those that are usually used to transfer passengers, goods or freight and to perform service or corporative tasks. According to the author, this is the type of vehicles legal and technical regulations and particular guidelines should apply to. Such vehicles should be equipped with special controlled intelligent systems that would detect drunk drivers (ignition interlock device or breath alcohol ignition interlock device). 

Keywords: vehicle, traffic safety, alcohol interlock ( breath alcohol ignition interl, drunk driver, administrative coercion, administrative responsibility, safety of citizens, administrative enforcement, alcohol intoxication, car owner

DOI: 10.7256/2454-0765.2015.2.15840

Abstract: The initiative of the Supreme Court of the Russian Federation has allowed to resolve one of the most important law enforcement issues related to the consitutional right to life based on the implementation of the provisions of international law. The question about the death penalty in Russia as an exceptional measure of punishment has been discussed by the academic community since 1993 when the present Constitution of the Russian Federation was adopted. The problem of death penalty as a type of criminal punishment for extremely severe crimes still remains the matter of lively scientific discussions. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The author of the article analyzes the problem of the relation between acts of national courts and international acts on the example of the most "intrusive" sphere of government administration and influence associated with the death penalty. According to the author of the article, further development of legal precedents of the Supreme Court of Russia may lead to a higher level of protection of the human rights and freedoms. 

Keywords: rights, Constitution, protocol, Supreme Court, resolution, plenary assembly, European Convention, Convention, person, death penalty

DOI: 10.7256/2454-0765.2015.2.66764

Abstract: The initiative of the Supreme Court of the Russian Federation has allowed to resolve one of the most important law enforcement issues related to the consitutional right to life based on the implementation of the provisions of international law. The question about the death penalty in Russia as an exceptional measure of punishment has been discussed by the academic community since 1993 when the present Constitution of the Russian Federation was adopted. The problem of death penalty as a type of criminal punishment for extremely severe crimes still remains the matter of lively scientific discussions. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The author of the article analyzes the problem of the relation between acts of national courts and international acts on the example of the most "intrusive" sphere of government administration and influence associated with the death penalty. According to the author of the article, further development of legal precedents of the Supreme Court of Russia may lead to a higher level of protection of the human rights and freedoms. 

Keywords: rights, Constitution, protocol, Supreme Court, resolution, plenary assembly, European Convention, Convention, person, death penalty

DOI: 10.7256/2454-0765.2015.2.15846

Abstract: The last decade was marked by the rapid development of the financial and real sectors of the Russian economy. This fact led to the development of administrative and legal regulation of industry, agriculture, finance, banking and securities market. While forming a legal space of interaction of subjects of these spheres of life the government greatly expanded the segment of administrative-preventive, administrative-preclusive and administrative-punitive measures of administrative coercion. Recent measures are concentrated on various regulations such as laws and subordinate acts and are applied through out-of-court or in-court procedures which causes numerous difficulties in the doctrinal justification of a particular place of administrative proceedings in the system of administrative process. The present article is devoted to analysis of mentioned problems. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The authors of the article conclude that along with other administrative and jurisdictional proceedings such as complaint management, disciplinary and administrative proceedings there is an independent type of administrative and jurisdictional proceeding on application of state coercive measures conducted by executive authorities on an extrajudicial basis. 

Keywords: entity, administrative jurisdiction, measures of administrative coercion, executive authorities, subjects of administrative jurisdiction, administrative process, state coercion, extrajudicial procedure, administrative law, administrative proceedings

DOI: 10.7256/2454-0765.2015.2.66765

Abstract: The last decade was marked by the rapid development of the financial and real sectors of the Russian economy. This fact led to the development of administrative and legal regulation of industry, agriculture, finance, banking and securities market. While forming a legal space of interaction of subjects of these spheres of life the government greatly expanded the segment of administrative-preventive, administrative-preclusive and administrative-punitive measures of administrative coercion. Recent measures are concentrated on various regulations such as laws and subordinate acts and are applied through out-of-court or in-court procedures which causes numerous difficulties in the doctrinal justification of a particular place of administrative proceedings in the system of administrative process. The present article is devoted to analysis of mentioned problems. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The authors of the article conclude that along with other administrative and jurisdictional proceedings such as complaint management, disciplinary and administrative proceedings there is an independent type of administrative and jurisdictional proceeding on application of state coercive measures conducted by executive authorities on an extrajudicial basis. 

Keywords: entity, administrative jurisdiction, measures of administrative coercion, executive authorities, subjects of administrative jurisdiction, administrative process, state coercion, extrajudicial procedure, administrative law, administrative proceedings

DOI: 10.7256/2454-0765.2015.2.15855

Abstract: Pursuant to Part 2 of Article 26.2 of the Code of the Russian Federation on Administrative Offeies, testimony of a victim is one of the sources of evidence in legal proceedings on administrative violations. Thus, the legislation provides for the right of a victim to give explanations during administrative proceedings (Part 2 of Article 25.5 of the Code of the Russian Federation on Administrative Offences). This right of a victim means that he or she may give written or verbal explanations regarding the administrative offence and refer to factual circumstances of the case. The author of the present article considers the legal features of interviewing a victim in the course of legal proceedings on cases of administrative offences. Along with the term 'explanation' with reference to a victim, the Code on Administrative Offences also contains the term 'testimony'. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The author offers to distinguish these concepts, to reinforce the interview of the victim with the possibility of applying of administrative coercive measures to the victim in case of his or her abusing their procedural rights and failing to comply with procedural obligations. Acording to the author, it would be also reasonable to acknowledge liability of a victim for giving false evidence. The article also focuses on the issue of legislative recognition of responsibilities of the victim.

Keywords: witness, victim, explanation, testimony, administrative coercion, responsibilities, interview, proof, procedural obligations, suspect

DOI: 10.7256/2454-0765.2015.2.66766

Abstract: Pursuant to Part 2 of Article 26.2 of the Code of the Russian Federation on Administrative Offeies, testimony of a victim is one of the sources of evidence in legal proceedings on administrative violations. Thus, the legislation provides for the right of a victim to give explanations during administrative proceedings (Part 2 of Article 25.5 of the Code of the Russian Federation on Administrative Offences). This right of a victim means that he or she may give written or verbal explanations regarding the administrative offence and refer to factual circumstances of the case. The author of the present article considers the legal features of interviewing a victim in the course of legal proceedings on cases of administrative offences. Along with the term 'explanation' with reference to a victim, the Code on Administrative Offences also contains the term 'testimony'. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The author offers to distinguish these concepts, to reinforce the interview of the victim with the possibility of applying of administrative coercive measures to the victim in case of his or her abusing their procedural rights and failing to comply with procedural obligations. Acording to the author, it would be also reasonable to acknowledge liability of a victim for giving false evidence. The article also focuses on the issue of legislative recognition of responsibilities of the victim.

Keywords: witness, victim, explanation, testimony, administrative coercion, responsibilities, interview, proof, procedural obligations, suspect

DOI: 10.7256/2454-0765.2015.2.15871

Abstract: Technical regulation is the legal regulation of relations in the field of establishment, implementation and enforcement of mandatory requirements for products, technologial processes, processes of use, storage, transportation, marketing and recycling as well as the legal regulation of relations in the field of conformity assessment. To put it simply this is a list of obligatory rules beyond the scope of whic manufacturers should not go to ensure the product safety. With regard to product, state control (supervision) over observance of technical regulations is carried out exclusively at the stage of circulation products on the market. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. According to the author, existing legislation does not provide for a precise and unavoidable responsibility of the manufacturer for the safety and quality of supplied products, does not encourage producers to establish stable relationships with reliable suppliers and to require them to prove the safety and quality of the manufactured products and to withdraw defected products revealed by control and supervisory authorities. Measures of state coercion in the sphere of technical regulation are repressive, in some cases being redundant. At the same time, there is no differentiated approach to the classification of violations in terms of severity of consequences of their violation. Measures of state coercion are applied without fully recognizing the principles of justice, individualization of legal liability and adequacy of punishment to the severity of the offense. Based on the author, it is necessary to develop common principles for selecting sanctions for violations of various degrees of danger and to ensure the application of timely and appropriate measures of state coercion.

Keywords: control, legal base, regulatory base, technical regulation, state supervision, manufacturer, state coercion, clearance confirmtion, defective goods, sanctions

DOI: 10.7256/2454-0765.2015.2.66767

Abstract: Technical regulation is the legal regulation of relations in the field of establishment, implementation and enforcement of mandatory requirements for products, technologial processes, processes of use, storage, transportation, marketing and recycling as well as the legal regulation of relations in the field of conformity assessment. To put it simply this is a list of obligatory rules beyond the scope of whic manufacturers should not go to ensure the product safety. With regard to product, state control (supervision) over observance of technical regulations is carried out exclusively at the stage of circulation products on the market. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. According to the author, existing legislation does not provide for a precise and unavoidable responsibility of the manufacturer for the safety and quality of supplied products, does not encourage producers to establish stable relationships with reliable suppliers and to require them to prove the safety and quality of the manufactured products and to withdraw defected products revealed by control and supervisory authorities. Measures of state coercion in the sphere of technical regulation are repressive, in some cases being redundant. At the same time, there is no differentiated approach to the classification of violations in terms of severity of consequences of their violation. Measures of state coercion are applied without fully recognizing the principles of justice, individualization of legal liability and adequacy of punishment to the severity of the offense. Based on the author, it is necessary to develop common principles for selecting sanctions for violations of various degrees of danger and to ensure the application of timely and appropriate measures of state coercion.

Keywords: control, legal base, regulatory base, technical regulation, state supervision, manufacturer, state coercion, clearance confirmtion, defective goods, sanctions

DOI: 10.7256/2454-0765.2016.4.20804

Abstract: The subject of the research is the land, business, and financial laws in the matters related to the consideration of relevant and important problems arising in connection with the need for cadastral valuation of land or real estate. The object of the research is the legally regulated public relations arising in the sphere of the land, business and financial laws in the process of cadastral valuation of real estate. The authors elaborate and substantiate the positions that state cadastral evaluation of land is a necessary action for the implementation of Article 390 of the Tax Code of the Russian Federation implying the computation of the taxable base based on a cadastral value of a land property. The methodological basis of the research involves the dialectical method of studying social and legal phenomena and concepts from the point of view of their development. In the course of their research the authors have also applied general and special research methods such as historical, legal, systems analysis, comparative legal, statistical, specific sociological, formal-logical and others. The main conclusions of the research are provisions that tax has a regulating effect on the overall real estate market, as local authorities have the ability to adjust tax rates to a basis of the cadastral value of the property close to its market value. The novelty of the research is caused by the fact that the authors offer their own definition of the state cadastral valuation under which stands for a set of certain actions including developing a list of real estate objects subject to state cadastral evaluation; selection of executors who will define the cadastral cost; determination of the cadastral value and preparation of the report on determination of the cadastral cost; examination of the report on determination of the cadastral cost; and recording results of determination of the cadastral cost in the state cadastre. Special attention is paid to the point of view that real estate tax is close to the concept of "fair taxation".

Keywords: land category, cadastral valuation of land, fair taxation, real estate tax, cadastral valuation of real estate, land tax, cadastral value, taxable base, efficiency of land use, cadastral value

DOI: 10.7256/2454-0765.2016.4.68530

Abstract: The subject of the research is the land, business, and financial laws in the matters related to the consideration of relevant and important problems arising in connection with the need for cadastral valuation of land or real estate. The object of the research is the legally regulated public relations arising in the sphere of the land, business and financial laws in the process of cadastral valuation of real estate. The authors elaborate and substantiate the positions that state cadastral evaluation of land is a necessary action for the implementation of Article 390 of the Tax Code of the Russian Federation implying the computation of the taxable base based on a cadastral value of a land property. The methodological basis of the research involves the dialectical method of studying social and legal phenomena and concepts from the point of view of their development. In the course of their research the authors have also applied general and special research methods such as historical, legal, systems analysis, comparative legal, statistical, specific sociological, formal-logical and others. The main conclusions of the research are provisions that tax has a regulating effect on the overall real estate market, as local authorities have the ability to adjust tax rates to a basis of the cadastral value of the property close to its market value. The novelty of the research is caused by the fact that the authors offer their own definition of the state cadastral valuation under which stands for a set of certain actions including developing a list of real estate objects subject to state cadastral evaluation; selection of executors who will define the cadastral cost; determination of the cadastral value and preparation of the report on determination of the cadastral cost; examination of the report on determination of the cadastral cost; and recording results of determination of the cadastral cost in the state cadastre. Special attention is paid to the point of view that real estate tax is close to the concept of "fair taxation".

Keywords: land category, cadastral valuation of land, fair taxation, real estate tax, cadastral valuation of real estate, land tax, cadastral value, taxable base, efficiency of land use, cadastral value

DOI: 10.7256/2454-0765.2015.2.15874

Abstract: State coercion plays one of the most important roles in the process of law and order enforcement. Administrative enforcement is a type of state coercion. Used as an affective mean against offenders of the established code of behavio, administrative enforcement is more often, compared to criminal enforcement, applied by many state authorities on an everyday basis including internal affairs agenies during public order maintenance. Measures of administrative enforcement are quite diverse and sometimes applied not only to punish defenders. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The author of the article describes administrative coercive measures, their distinctive features and differences from other measures of state coercion, offers a classification these measures and touches upon the grounds and peculiarities of their use by police. The author underlines that the legal features as well as the list of administrative coercive measures are constantly improving due to the development of the scope of their application and complication of social relations nowadays. Therefore, administrative coercive measures fixed by the existing legislation of the Russian Federation may be extended as and when necessary. 

Keywords: legal provisions, measures, administrative, coercion, enforcement, law enforcement bodies, prevention, suppression, application, legislation, offender

DOI: 10.7256/2454-0765.2015.2.66768

Abstract: State coercion plays one of the most important roles in the process of law and order enforcement. Administrative enforcement is a type of state coercion. Used as an affective mean against offenders of the established code of behavio, administrative enforcement is more often, compared to criminal enforcement, applied by many state authorities on an everyday basis including internal affairs agenies during public order maintenance. Measures of administrative enforcement are quite diverse and sometimes applied not only to punish defenders. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The author of the article describes administrative coercive measures, their distinctive features and differences from other measures of state coercion, offers a classification these measures and touches upon the grounds and peculiarities of their use by police. The author underlines that the legal features as well as the list of administrative coercive measures are constantly improving due to the development of the scope of their application and complication of social relations nowadays. Therefore, administrative coercive measures fixed by the existing legislation of the Russian Federation may be extended as and when necessary. 

Keywords: legal provisions, measures, administrative, coercion, enforcement, law enforcement bodies, prevention, suppression, application, legislation, offender

DOI: 10.7256/2454-0765.2015.2.15893

Abstract: Considering the processes of natural wearing of historical memorials with time as well as their great importance for the spiritual life of nations, cultural objects should be assigned a special legal status that would allow to avoid their destruction or damage. The article reveals the basic requirements of an object of cultural heritage and points out associated violations of  rules for which administrative responsibility is imposed. It is underlined that in 2013 and 2014  the refined old and new types of crime, increased penalties, changesin jurisdiction of cases on administrative offences in sphere of protection of historical and cultural monuments were introduced taking into account the legislative innovations. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The Federal Laws No. 96 of May 7, 2013 and No. 315 of October 22, 2014 are aimed at the solution of the aforesaid problems and protection of cultural heritage. The existing version of the Code of the Russian Federation on Administrative Offences describes 16 types of administrative offences (Articles 7.13 - 7.16, 7.33, Part 18 of Article 19.5) that have the same object, i.e. social relations arising during preservation, use, promotion and protection of cultural heritage objects. The author of the article also provides examples of administrative court proceedings on the matter. 

Keywords: state coercion, seizure, cultural heritage object, object of archaeological heritage, land of historical and cultural purpose, administrative offence, administrative responsibility, administrative fines, historical monument, cultural heritage

DOI: 10.7256/2454-0765.2015.2.66769

Abstract: Considering the processes of natural wearing of historical memorials with time as well as their great importance for the spiritual life of nations, cultural objects should be assigned a special legal status that would allow to avoid their destruction or damage. The article reveals the basic requirements of an object of cultural heritage and points out associated violations of  rules for which administrative responsibility is imposed. It is underlined that in 2013 and 2014  the refined old and new types of crime, increased penalties, changesin jurisdiction of cases on administrative offences in sphere of protection of historical and cultural monuments were introduced taking into account the legislative innovations. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The Federal Laws No. 96 of May 7, 2013 and No. 315 of October 22, 2014 are aimed at the solution of the aforesaid problems and protection of cultural heritage. The existing version of the Code of the Russian Federation on Administrative Offences describes 16 types of administrative offences (Articles 7.13 - 7.16, 7.33, Part 18 of Article 19.5) that have the same object, i.e. social relations arising during preservation, use, promotion and protection of cultural heritage objects. The author of the article also provides examples of administrative court proceedings on the matter. 

Keywords: state coercion, seizure, cultural heritage object, object of archaeological heritage, land of historical and cultural purpose, administrative offence, administrative responsibility, administrative fines, historical monument, cultural heritage

DOI: 10.7256/2454-0765.2015.2.15927

Abstract: The subject of the research is the problem of systematization of measures of state coercion that was discussed at a scientific "Round Table" named "Systematization of measures of government coercion". Systematization of measures of state coercion is necessary due to the need to raise the question about the ratio of sanctions regulating legal liability and sanctions  containing the measures of state coercion. The result of the work of the "Round Table" was a series of important conceptual scientific methodological conclusions that can be used by researchers in further development of this problem. The authors have used the following scientific methods: hermeneutical and systems approaches, methods of analysis and synthesis, induction and deduction, comparative law method, etc. Based on generalization of the work of the Round Table "Systematization of measures of government coercion" the authors have made brief conclusions. It is noted, firstly, that the Round Table made a serious scientific contribution to the development of the substantive and procedural aspects of the regulation of measures of government coercion; secondly, researchers participating in the Round Table emphasized the need for systematization of measures of government coercion.

Keywords: sanctions, provisions, regulation, financial activity, economic activity, systematization of measures, government coercion, Russian legislation, optimization, legal liability, 'round table'

DOI: 10.7256/2454-0765.2015.2.66770

Abstract: The subject of the research is the problem of systematization of measures of state coercion that was discussed at a scientific "Round Table" named "Systematization of measures of government coercion". Systematization of measures of state coercion is necessary due to the need to raise the question about the ratio of sanctions regulating legal liability and sanctions  containing the measures of state coercion. The result of the work of the "Round Table" was a series of important conceptual scientific methodological conclusions that can be used by researchers in further development of this problem. The authors have used the following scientific methods: hermeneutical and systems approaches, methods of analysis and synthesis, induction and deduction, comparative law method, etc. Based on generalization of the work of the Round Table "Systematization of measures of government coercion" the authors have made brief conclusions. It is noted, firstly, that the Round Table made a serious scientific contribution to the development of the substantive and procedural aspects of the regulation of measures of government coercion; secondly, researchers participating in the Round Table emphasized the need for systematization of measures of government coercion.

Keywords: sanctions, provisions, regulation, financial activity, economic activity, systematization of measures, government coercion, Russian legislation, optimization, legal liability

DOI: 10.7256/2454-0765.2015.3.15080

Abstract: In this article Bashlakov-Nikolaev examines administrative legal measures on competition protection, i.e. methods undertaken by antimonopoly authorities to prevent disturbance, restraint and elimination of competition pursuant to the Competition Law. The author offers different classifications of measures undertaken by antimonopoly authorities in the sphere of competition protection with relation to violations of antimonopoly legislation. The author divides all measures of administrative enforcement into the following two groups:  1. Measures of administrative responsibility (administrative sanctions), i.e. measures of administrative enforcement undertaken in response to violations,  2. Measures of execution of competition legislation (coercive measures), i.e. measures of administrative enforcement undertaken in response to performance or non-performance of one's obligations in the sphere of competition protection. These two major groups of measures have subgroups. Measures of administrative responsibility include measures on  restoration of responsibility (execution of orders issued by the antimonopoly authority); penal liability measures in accordance with the Administrative Offences Code of the Russian Federation; measures on withdrawal of revenues to the federal budget when such revenues have been obtained as a result of a violation of antimonpoly legislation as it is set forth by the competition protection law; measures on involuntary division or detachment of profit or nonprofit organizations. In his research the author has applied the method of the secondary analysis of data and carried out the review and analysis of literature on the matter. Special contribution made by the author to the topic is his comprehensive description and systematization of coercive measures in the field of competition protection. Special attention is given to consideration of legal and administrative measures for the protection of competition. The author also shares his views on the role of coercive measures in the field of protection of competition. 

Keywords: legal and administrative measures, antimonopoly (competition) authorities, antimonopoly (competition) legislation, liability, competition protection, administrative enforcement, violations of antimonopoly (competition) legislati, competition, coercive measures, administrative penalty

DOI: 10.7256/2454-0765.2015.3.66901

Abstract: In this article Bashlakov-Nikolaev examines administrative legal measures on competition protection, i.e. methods undertaken by antimonopoly authorities to prevent disturbance, restraint and elimination of competition pursuant to the Competition Law. The author offers different classifications of measures undertaken by antimonopoly authorities in the sphere of competition protection with relation to violations of antimonopoly legislation. The author divides all measures of administrative enforcement into the following two groups:  1. Measures of administrative responsibility (administrative sanctions), i.e. measures of administrative enforcement undertaken in response to violations,  2. Measures of execution of competition legislation (coercive measures), i.e. measures of administrative enforcement undertaken in response to performance or non-performance of one's obligations in the sphere of competition protection. These two major groups of measures have subgroups. Measures of administrative responsibility include measures on  restoration of responsibility (execution of orders issued by the antimonopoly authority); penal liability measures in accordance with the Administrative Offences Code of the Russian Federation; measures on withdrawal of revenues to the federal budget when such revenues have been obtained as a result of a violation of antimonpoly legislation as it is set forth by the competition protection law; measures on involuntary division or detachment of profit or nonprofit organizations. In his research the author has applied the method of the secondary analysis of data and carried out the review and analysis of literature on the matter. Special contribution made by the author to the topic is his comprehensive description and systematization of coercive measures in the field of competition protection. Special attention is given to consideration of legal and administrative measures for the protection of competition. The author also shares his views on the role of coercive measures in the field of protection of competition. 

Keywords: legal and administrative measures, antimonopoly (competition) authorities, antimonopoly (competition) legislation, liability, competition protection, administrative enforcement, violations of antimonopoly (competition) legislati, competition, coercive measures, administrative penalty

DOI: 10.7256/2454-0765.2015.3.66902

Abstract: The subjects of the research is the basic mechanisms of administrative-legal regulation in the sphere of standardization as well as methods of their use for improving the competitiveness of participants of domestic business. The author notes that standardization has a significant administrative impact on business activity. The establishment, implementation and control over mandatory requirements to products and processes of design, production, construction, installation, commissioning, operation, transportation, sales and recycling are the largest administrative-legal influence over the activities of entrepreneurs. In her research the author has applied general research methods (comparison, analysis, synthesis, abstraction and generalization) and specific research methods (formal dogmatic method, comparative law method, etc.). It is concluded that the adoption of the Federal law "On standardization" will encourage the development of the legal base for building the national system of standardization allowing to solve a wide range of public and socio-economic challenges to ensure the country's sovereignty, unity and integrity of the economic space.

Keywords: competitiveness, technical regulations, standardization, administrative-legal regulation, national system of standardization, competitiveness of business, domestic business, business activities, requirements for products, globalization

DOI: 10.7256/2454-0765.2015.3.66903

Abstract: The purpose of this article is to provide a theoretical substantiation of the possibility of reaching the maximum possible public efficiencies of government expenditures, investments and taxes in a perfect condition of a balanced open economic system. The model offered by the author of the article can always bring to the maximum possible rate of economic growth in a 'perfect' environment ('zero loss' of public effecies of government expenditures and investments) that allows to substantiate the main directions of the relevant macroeconomic (fiscal, tax and budgetary) policy in developed countries and global economy in general. The main methods used by the author includes observation, collection of facts, modeling, abstraction, analysis, synthesis, induction, deduction and division of economic theory in micro - and macroeconomics. The author's model overcomes the barrier of an imaginary lack of quantitative constants in the economic system. The model naturally explains the ups and downs of the respective real economies, unexplainable from the point of view of a considerable part of ideological theorists and practical economics. Under all circumstances economists are bound to become the guardians of public foresight in economic matters.

Keywords: efficiency, management, macroeconomics, model, policy, quality, state, expenditure, investment, taxes

DOI: 10.7256/2454-0765.2015.3.66904

Abstract: The research subject is the various legal theories limiting the possibility of reclamation of property from a bona fide purchaser. Based on the author of the article, it is important to balance public and private interests in the laws of the Civil Code of the Russian Federation governing the reclamation of property from illegal possession (recovery). The prepared draft amendments to the Civil Code contain laws concerning the subjects of the right to recovery. The opportunity to claim an item from the other's unlawful possession (vindicatory action) is planned to provide only the owner and the holder of the limited proprietary right including the entitlement of ownership. In her research the author has applied general research methods (comparison, analysis, synthesis, abstraction and generalization) and specific research methods (formal dogmatic method, comparative law method, etc.). The author concludes that it is necessary to expand the circle of persons authorised to commit a vindicatory action as well as the possibility of recovery of property from bona fide purchasers. These suggestions nade by the author about expanding the circle of persons entitled to commitment of vindicatory actions do not look like something impossible.

Keywords: the organizer of trading, responsibility, illegal possession, collection, unauthorized seller, bona fide purchaser, the proper degree of prudence, public auction, property, purchaser

DOI: 10.7256/2454-0765.2015.4.16384

Abstract: The current legal regulation often has incomplete definitions of statutes or institutions. This creates a problem with the legal provisions and rights of parties involved. One of such unclearly defined institutions is tax liability which both theoretically and legally presented without a clear definition of whether it has a financial law, administrative or independent nature. Administrative law researches usually view tax liability as having an administrative nature, financial law researches see it as having the financial legal  nature. The author of this article also tried to find out what kind of criteria used in the studies are insufficient or false initially and do not lead to correct conclusions. To achieve the aim of the research the author has used private and general scientific methods of research, in particular, logical, formal and legal, comparative, systems approaches. As a result, the author has come to the conclusion that it is possible to consider tax liability as a kind of administrative responsibility envisaged by the norms of the tax law. He substantiated the criteria that can guide the definition of the essence of responsibility and legislative regulation of the liability provisions. The research will be useful for correcting the legal provisions regarding the definition of the legal nature of liability in the are of taxation.

Keywords: fiscal responsibility, financial responsibility, administrative responsibility, tax law, administrative law, the legal nature of responsibility, the essence of responsibility, criteria for allocation of responsibility, the principle of expediency of the regulation, the legal quality of laws

DOI: 10.7256/2454-0765.2015.4.67467

Abstract: The current legal regulation often has incomplete definitions of statutes or institutions. This creates a problem with the legal provisions and rights of parties involved. One of such unclearly defined institutions is tax liability which both theoretically and legally presented without a clear definition of whether it has a financial law, administrative or independent nature. Administrative law researches usually view tax liability as having an administrative nature, financial law researches see it as having the financial legal  nature. The author of this article also tried to find out what kind of criteria used in the studies are insufficient or false initially and do not lead to correct conclusions. To achieve the aim of the research the author has used private and general scientific methods of research, in particular, logical, formal and legal, comparative, systems approaches. As a result, the author has come to the conclusion that it is possible to consider tax liability as a kind of administrative responsibility envisaged by the norms of the tax law. He substantiated the criteria that can guide the definition of the essence of responsibility and legislative regulation of the liability provisions. The research will be useful for correcting the legal provisions regarding the definition of the legal nature of liability in the are of taxation.

Keywords: legal quality of laws, principle of expediency of the regulation, criteria for allocation of responsibility, fiscal responsibility, financial responsibility, administrative responsibility, tax law, administrative law, legal nature of responsibility, essence of responsibility.

DOI: 10.7256/2454-0765.2015.4.16732

Abstract: The subject of the research is the legal and financial literacy in the member states of the Eurasian Economic Union, first of all, state officials and intergration authorities officials as the factors of interstate intregration into the Eurasian Economic Union. Legal and financial literacy are viewed by the author as the interdependent elements of the integratino process; their parallel development forms the integration legal awareness of citizens, which, in its turn, contributes to the efficient interstate intregration, most of all, in the financial and legal spheres. Combined development of the legal and financial literacy is performed, in particular, by such social institutions as the financial courts, financial mediators and financial ombudsmen. The methodology of the research is based on the principle of methodological pluralism implemented through using the integrated approach, systems approach, comparative method and technical legal method. Research novelty and conclusions: the novelty of the authors' research solutions is caused by the fact that they have conducated the topical and comprehensive study of the main trends in modern integration processes. In their research the authors conclude that legal and financial literacy plays an important role as ideological factors intensifying the process of integration into the Eurasian Economic Union. They also emphasize the importance of the contribution of the institution of financial ombudsman into the development of legal and financial literacy. The results of the research are presented in the form of recommendations on synchronizing measures aimed at increasing legal literacy and financial literacy in the countries of the Eurasian Economic Union and including these measures into the integration processes of the Eurasion Union. The results of the research can be used by institutions training specialists for supernational bodies of the Eurasian Economic Union. 

DOI: 10.7256/2454-0765.2015.4.67491

Abstract: The subject of the research is the legal and financial literacy in the member states of the Eurasian Economic Union, first of all, state officials and intergration authorities officials as the factors of interstate intregration into the Eurasian Economic Union. Legal and financial literacy are viewed by the author as the interdependent elements of the integratino process; their parallel development forms the integration legal awareness of citizens, which, in its turn, contributes to the efficient interstate intregration, most of all, in the financial and legal spheres. Combined development of the legal and financial literacy is performed, in particular, by such social institutions as the financial courts, financial mediators and financial ombudsmen. The methodology of the research is based on the principle of methodological pluralism implemented through using the integrated approach, systems approach, comparative method and technical legal method. Research novelty and conclusions: the novelty of the authors' research solutions is caused by the fact that they have conducated the topical and comprehensive study of the main trends in modern integration processes. In their research the authors conclude that legal and financial literacy plays an important role as ideological factors intensifying the process of integration into the Eurasian Economic Union. They also emphasize the importance of the contribution of the institution of financial ombudsman into the development of legal and financial literacy. The results of the research are presented in the form of recommendations on synchronizing measures aimed at increasing legal literacy and financial literacy in the countries of the Eurasian Economic Union and including these measures into the integration processes of the Eurasion Union. The results of the research can be used by institutions training specialists for supernational bodies of the Eurasian Economic Union. 

Keywords: Eurasian Economic Union, interstate integration, financial literacy, integration awareness, legal awareness, legal literacy, financial Ombudsman, banking Ombudsman, integration, financial integration.

DOI: 10.7256/2454-0765.2015.4.17060

Abstract: In his research Ermakov studies social and political processes of integration of Russia, Belarus and Kazakhstan considering competitive conditions of international economic unions. He examines the problems and prospects of the Eurasian Economic Union (EEU), established by Russia, Belarus and Kazakhstan in Astana on May 29, 2014. Despite Herculean efforts of the heads of the Union member countries (Russia, Republic of Armenia, Republic of Belarus, Republic of Kazakhstan and Kyrgyz Republic) to impart some qualitative economic content, due to the lack of real commodity turnover between the Union member countries the EEU continues to be a merely political formation. The author offers mechanisms to overcome this “political” component of the EEU and transform it into a real and effective international economic entity. The methodological basis of the research involves the dialectical method and the principle of unity of what is historical and what is logical. In analysing the EEU’s events, the structural-functional method was applied. Studying foreign experience of integration of the European Union countries required to use the analogue method as well as the comparative method. The empirical basis of the research came from the official data of ministries and institutions of the EEU member countries, as well as materials of Russian and foreign periodical press and Internet resources. The article identifies key problems of the member countries of the Eurasian Economic Union: 1) problem of reliability and completeness of customs communication, and exchange of information between customs officers of the Customs Union countries; 2) “statistical problem”, as the lack of cooperation statistics (about half of the enterprises of the three countries does not inform the statistical bodies on the results of their activity); 3) as the Eurasian Economic Space starts developing, the conditions begin forming for transferring capitals and liquid assets from the countries with stricter regulatory requirements to the countries with relatively mild regulations.

DOI: 10.7256/2454-0765.2015.4.67492

Abstract: In his research Ermakov studies social and political processes of integration of Russia, Belarus and Kazakhstan considering competitive conditions of international economic unions. He examines the problems and prospects of the Eurasian Economic Union (EEU), established by Russia, Belarus and Kazakhstan in Astana on May 29, 2014. Despite Herculean efforts of the heads of the Union member countries (Russia, Republic of Armenia, Republic of Belarus, Republic of Kazakhstan and Kyrgyz Republic) to impart some qualitative economic content, due to the lack of real commodity turnover between the Union member countries the EEU continues to be a merely political formation. The author offers mechanisms to overcome this “political” component of the EEU and transform it into a real and effective international economic entity. The methodological basis of the research involves the dialectical method and the principle of unity of what is historical and what is logical. In analysing the EEU’s events, the structural-functional method was applied. Studying foreign experience of integration of the European Union countries required to use the analogue method as well as the comparative method. The empirical basis of the research came from the official data of ministries and institutions of the EEU member countries, as well as materials of Russian and foreign periodical press and Internet resources. The article identifies key problems of the member countries of the Eurasian Economic Union: 1) problem of reliability and completeness of customs communication, and exchange of information between customs officers of the Customs Union countries; 2) “statistical problem”, as the lack of cooperation statistics (about half of the enterprises of the three countries does not inform the statistical bodies on the results of their activity); 3) as the Eurasian Economic Space starts developing, the conditions begin forming for transferring capitals and liquid assets from the countries with stricter regulatory requirements to the countries with relatively mild regulations.

Keywords: integration, post-Soviet space, EurAsEC, European Economic Space, Eurasian Economic Union, Supreme Council, Customs Union, Commonwealth of Independent States, Intergovernmental Council, Court of the Union.

DOI: 10.7256/2454-0765.2015.3.16279

Abstract: The subjects of the research is the basic mechanisms of administrative-legal regulation in the sphere of standardization as well as methods of their use for improving the competitiveness of participants of domestic business. The author notes that standardization has a significant administrative impact on business activity. The establishment, implementation and control over mandatory requirements to products and processes of design, production, construction, installation, commissioning, operation, transportation, sales and recycling are the largest administrative-legal influence over the activities of entrepreneurs. In her research the author has applied general research methods (comparison, analysis, synthesis, abstraction and generalization) and specific research methods (formal dogmatic method, comparative law method, etc.). It is concluded that the adoption of the Federal law "On standardization" will encourage the development of the legal base for building the national system of standardization allowing to solve a wide range of public and socio-economic challenges to ensure the country's sovereignty, unity and integrity of the economic space.

Keywords: competitiveness, technical regulations, standardization, administrative-legal regulation, national system of standardization, competitiveness of business, domestic business, business activities, requirements for products, globalization

DOI: 10.7256/2454-0765.2015.3.16231

Abstract: The purpose of this article is to provide a theoretical substantiation of the possibility of reaching the maximum possible public efficiencies of government expenditures, investments and taxes in a perfect condition of a balanced open economic system. The model offered by the author of the article can always bring to the maximum possible rate of economic growth in a 'perfect' environment ('zero loss' of public effecies of government expenditures and investments) that allows to substantiate the main directions of the relevant macroeconomic (fiscal, tax and budgetary) policy in developed countries and global economy in general. The main methods used by the author includes observation, collection of facts, modeling, abstraction, analysis, synthesis, induction, deduction and division of economic theory in micro - and macroeconomics. The author's model overcomes the barrier of an imaginary lack of quantitative constants in the economic system. The model naturally explains the ups and downs of the respective real economies, unexplainable from the point of view of a considerable part of ideological theorists and practical economics. Under all circumstances economists are bound to become the guardians of public foresight in economic matters.

Keywords: efficiency, management, macroeconomics, model, policy, quality, state, expenditure, investment, taxes

DOI: 10.7256/2454-0765.2015.3.16249

Abstract: The research subject is the various legal theories limiting the possibility of reclamation of property from a bona fide purchaser. Based on the author of the article, it is important to balance public and private interests in the laws of the Civil Code of the Russian Federation governing the reclamation of property from illegal possession (recovery). The prepared draft amendments to the Civil Code contain laws concerning the subjects of the right to recovery. The opportunity to claim an item from the other's unlawful possession (vindicatory action) is planned to provide only the owner and the holder of the limited proprietary right including the entitlement of ownership. In her research the author has applied general research methods (comparison, analysis, synthesis, abstraction and generalization) and specific research methods (formal dogmatic method, comparative law method, etc.). The author concludes that it is necessary to expand the circle of persons authorised to commit a vindicatory action as well as the possibility of recovery of property from bona fide purchasers. These suggestions nade by the author about expanding the circle of persons entitled to commitment of vindicatory actions do not look like something impossible.

Keywords: the organizer of trading, responsibility, illegal possession, collection, unauthorized seller, bona fide purchaser, the proper degree of prudence, public auction, property, purchaser