Law and Politics - rubric State institutions and legal systems

Abstract: The article is devoted to the Muslim law as a social, cultural, religious and legal matter, the author studies the problem of its place and role within the structure of national legal systems of the Islamic states, interaction of the Islam within the boundaries of the Muslim legal traditions with the Western legal categories in the framework of some legal models of the countries of the Muslim East. At the same time based on the analysis of the positions of Arabian and Western scientists, the author provides a classification of legal systems of Islamic states, taking into account the influence of the Shariat, shows tendencies and perspectives of development of the Muslim law within the legal systems of various Islamic states.

Keywords: jurisprudence, law, model, Shariat, fiqh, system, Islam, fatwah, doctrine

Abstract: This article includes the analysis of the Decree (Ukaz) law-making of the President of the Russian Federation, the author establishes specific features of the legal power of the acts of the President of the Russian Federation, shows the need for “law-substituting” documents by the President of the Russian Federation.

Keywords: jurisprudence, law-making policy, Decree law-making, the President of the Russian Federation, normative legal act, by-law, the Constitution of the Russian Federation, the law, the Decree of the President of the Russian Federation, legal force of a normative legal act

Abstract: The article is devoted to the types of subject of address to the Constitutional Court of the Republic of Tajikistan, as well as the dynamics of changes in its national legislation, conditions to the use of this right via request, compliant and petition.

Keywords: jurisprudence, Constitution of the Republic of Tajikistan, the Constitutional Court, The Law on the Constitutional Court, address, constitutional judicial procedure, judicial body, request, compliant, petition

Abstract: The article is devoted to history of correlation of term s “legal entity” and “municipal entity” (municipium). The author separates the institutions of “municipal formation – legal entity of private law” and “municipal formation – legal entity of public law”. Taking as an example the problems, related to conclusion of contracts between municipal bodies, the author shows the need for recognition of the public law status of municipal formations.

Keywords: jurisprudence, legal entity, legal person of public law, municipal entity, agreements among the municipal government bodies, municipal self-government, municipal government bodies, contract, public law, municipium

Abstract: The article is devoted to the problems of legal regulation of exclusive objects of jurisdiction and powers of the constituent subjects of the Russian Federation. The author then comes to a conclusion that it’s necessary to provide for powers of the subjects in their constitutions (Ustavs). The author also proposes to amend the Federal Law “On general principles of organization of legislative (representative) and executive bodies of the state power of the subjects of the Russian Federation”, in order to allow the regional legislators to provide for exclusive powers of constituent subjects in their constitutions (Ustavs).

Keywords: jurisprudence, federalism, subjects, separation, powers, law-making, Constitution, objects, Ustavs, reigons

Abstract: This article is devoted to theoretical bases for the classifi cation of subjects of constitutional law, group of subjects, and the contents of right to constitutional modernization. The author analyzes international legal bases and abilities in the sphere of constitutional regulation of subjects of right to constitutional modernization. Much attention is paid to a topical issue on right of subjects of economic activity to take part in constitutional modernization of a state.

Keywords: jurisprudence, subjects of constitutional law, constitutional modernization, constitution, review of constitution, constitutional rights, amendments, rights, obligations, powers, economics

Abstract: The article is devoted to a complex set of issues, related to defi nition, system, form and contents of election documents. Much attention is paid to specifi c institutions, which establish the contents of election documents: quality characteristics, personal data of candidates, etc. Based on election practice, the author analyzes form and contents of signature sheets, which are key election documents.

Keywords: jurisprudence, documents, elections, electors, court, signature, decision, law, right, commission.

Abstract: The article is devoted to the confl ict of law issue on place and role of decisions of the Constitutional Court of the Russian Federation among the sources of constitutional law of the Russian Federation. The author characterizes conceptual approaches of various sciences towards this issue, then the author attempts to view such decisions as constitutional doctrine, legal act, constitutional judicial precedent, prejudgement, non-traditional sources of constitutional law, etc., to single out their positive and negative features.

Keywords: jurisprudence, Constitutional Court of the Russian Federation, constitutional doctrine, legal act, constitutional judicial precedent, prejudgement, act of normative interpretation, non-traditional sources of constitutional law, constitutional norm control, interpretation.

Abstract: The article includes analysis of the key directions for the formation of constitutional (Ustav) legislation of the constituent subjects of the Russian Federation through the prism of principles and provisions of the quality management standards (GOST R ISO 9001-2008, 9000 – 2008, ISO 2004 – 2009). The author offers the means of improvement of quality of such legislation via so-called “process approach”, which stands for systematic establishment and management of law-making processes of the subjects and their interaction.

Keywords: jurisprudence, legislation, Ustav, subject of the Russian Federation, system, development, ISO, quality, process, improvement.

Abstract: The article covers main aspects of lawmaking process at the municipal level. Each stage of this process has been studied thoroughly: planning, introduction of a draft, reading a draft municipal act by authorized body, commencement of a municipal act, its abolition and suspension

Keywords: lawmaking initiative, draft municipal act, public hearing, referendum, lawmaking process, subject of initiative

Abstract: This article shows the role of territorial social self-government within the system of municipal self-government. The author defines the functions of the institution of territorial social self-government as forms of realization of the right to local self-government, as a result of which, she singles out two key models of territorial social self-government. The author then establishes key factors, which require the institution of territorial social self-government

Keywords: political science, power, government, self-organization, citizens, territory, democratization, competence, institution, self-government, municipal

Abstract: The article is devoted to the issues, related to the formation and evolution of constitutional review in the Kingdom of Bahrein, from the moment in 2002, when the Constitutional court was formed. The author analyzes the legal status of this specialized judicial body, order of its formation, types of constitutional review and means of its implementation. The author also pays attention to specific features of judicial decisions of this Court, their legal nature and legal force. Much attention is paid to procedural formalities, which are necessary for a claim to be accepted for review, as well as to the issues of improvement of the Court’s activities. Keywords: jurisprudence, Bahrein, court, legality, power, state, law, Gulf, comparative, analysis

Abstract: This article is devoted to principles of Russian federalism. The author pays attention to the problems of brining national and regional interests into accordance, as well as to the directions of development of federalism. Keywords: jurisprudence, federalism, principles of federalism, theory of federalism, structure of federation, constitutional and legal basis, regional interests, federal structure

Abstract: This article is devoted to limitations to voting via mail in the Russian legislation. He considers that these limitations are well-based and are in consistence with the world practice. However, the author offers to cancel some of them, for example, to establish the right for voting by post for some categories of electors at the federal elections and referenda. Keywords: jurisprudence, bulletin, elections, voting, limitation, post, referendum, subject, level, federation.

Abstract: The article is devoted to the study of the key provisions of the law “On Basic Principles of Organization of the Legislative (Representative) and Executive Bodies of the State Power of the Subjects of the Russian Federation”. The author attempts to establish the problems of practice of establishing the legal status of legislative (representative) body of the subject of the Russian Federation. The author also formulates the ideas for the amendment of this Law within the system of legislation on organization and activities of the legislative bodies of the subject of the Federation. Keywords: jurisprudence, law, norms, legislative (representative), body, subject of the Federation, powers, principles of organization, improvement of legislation, law application, region

Abstract: The article is devoted to functional indeficiency of the Russian parliamentarism. The article includes comparative analysis of the interpretations of key powers of Parliament, including those of the Federal Assembly of the Russian Federation. The authors support the idea of the functional deficiency of Russian parliament as a key problem for its low efficiency an legitimacy in the eyes of the people.

Keywords: political science, parliamentarism, civil society, parliamentary culture, index of powers of Parliament, political representation, parliamentary powers, legitimacy of Parliament, parliamentary functions, efficiency.

Abstract: The value of formation, improvement and of effective functioning of the judicial constitutional control in the Russian Federation can hardly be underestimated. It is important, however, that related problems can be solved more easily, if we take into account the foreign experience of constitutional control. In N.N. Kharitonova’s article one may find analysis of key models of judicial constitutional control - usually referred to as an American model and a European model, or, in their functional aspect, diffusion and concentration models. The author also provides us with an evaluation of the Russian model of judicial constitutional control.

Abstract: When viewing the problems of the federal relations, one should certainly take into account the positive influence of the Constitutional Court of the Russian Federation on the Russian federalism, its role in harmonization of the relations between the center and the regions, as well as in solution of specific related problems. For example, the Constitutional Court of the Russian Federation had dealt with the problems of interference of the government bodies of the subjects of the Russian Federation to the sphere of federal competence, and even to the sphere of basis of the constitutional structure of the Russian Federation…

Abstract: This article by I.Y. Bogdanovskaya includes interpretation of written constitutions of three common law countries: USA, Canada and Australia. All three of these countries possess a rather long history of constitutional development, since the Constitution of the USA was adopted in 1787, the Constitution of Australia was adopted in 1900, and the Constitution of Canada consists of a number of acts, adopted within the period of time from 1987 to 1982. That way, these countries possess a lengthy history of judicial interpretation, and analysis of its evolution allows to develop the theory of interpretation…

Abstract: As the author of the article points out, the development of the judicial system in the Russian Federation causes pressing problems, which, if adequately solved, allow to make the work of the courts more efficient, and to exclude crossing jurisdictions.The existing problems, experiences by the courts of the general jurisdiction should not be passed to the administrative courts.

Abstract: This article contains the study of the system and principle, upon which the activities of the election commissions are based in the Russian Federation, as well as of applicable norms, created by the Council of Europe and by the CIS. Is there need to amend the Constitution of the Russian Federation in order to bring the system of election comissions into accordance with the international standards? N.M. Mironov offers his own answer to this question.

Abstract: The article is devoted to the studies of political and legal processes in the modern Russia, which are necessary for logical and theoretical reflection of the nature of changes, which are taking place. The author studies central element of political and legal technologies, as represented by the state, as well as its ideological and theoretical development. Keywords: jurisprudence, conservatism, technology, sovereignty, modernization, reform, ideocracy, statehood, ideology, theory

Abstract: Formation of legal institution of citizenship of the Republic of Abkhazia has started from the moment when the USSR fell apart, declaration of independence of Abkhazia, end of the war with Georgia in 1992-1993. Among the difficulties related to formation of the citizenship of Abkhazia is definition of this institution as one of key constitutional institutions. Within the article the author analyzes the general principles of legal regulation, bases for acquiring citizenship of the Republic of Abkhazia, problem of double citizenship, the overview of citizenship in the Republic

Keywords: jurisprudence, person, status, citizenship, institution, principles, bases, bipatrides, citizenship of a child

Abstract: The article is devoted to analysis of the Constitutional Court of the Russian Federation as a body of judicial constitutional control as special ideological institution, which protects the basic ideas of Russian constitutionalism. The nature of its ideological status defines the function of control over functional and especially legislative activities of the state power, basic ideas of Russian constitutionalism. Practical activity of the Constitutional court of the Russian Federation proves that the groups of cases, that it views correspond to basic ideas of the Russian constitutionalism

Keywords: political science, constitutional, judicial, control, constitutionalism, court, ideology, ideas, system

Abstract: This article is devoted to the principle of separation of powers and its role within the process of formation and functioning of executive bodies in the Russian Federation, problems in its realization, as well as possibilities for improvement.

Keywords: jurisprudence, power, President, Government, formation, functioning, separation, apparatus, mechanism

Abstract: This article is devoted to the studies of the problems of correlation of powers and interaction of institutions of the President of the Russian Federation and the Chairman of the Government of the Russian Federation within the system of executive power, and the perspectives of their resolution. The authors study the current stage of the system of executive branch, analyze the future development of this branch of power within the state mechanism. The authors also evaluate the risks of development at the middle range. As well, the authors provide ideas for the measures to be taken to avoid problems.

Keywords: jurisprudence, President, Government, powers, executive, centralized, state, system, events

Abstract: The article is devoted to the problem of application of labor relations to law-enforcement bodies. Practice (including judicial practice) shows variety of approaches to this sphere, and moreover the legislation in this sphere lacks system. The author provides ideas to improve the situation.

Keywords: jurisprudence, law-enforcement, service, labor, legislation, subsidiary, project, judicial, Code

Abstract: This article is devoted to some issues of legal regulations of constitutional right of citizens to freedom of conscience. The author attempts to bring basis to the facts of lack of clarity in legal norms of religious formation, which prevents from their unified understanding, creates the place for the abuse by legal practitioners.

Keywords: jurisprudence, right of people to the freedom of conscience, religious organizations, Constitution of the Russian Federation, legal norm, religion, legality, non-commercial organizations, law-making, legal practice

Abstract: The article is devoted to organizational legal form of the state corporation and foreign analogous structures. In the light of the criticism of this organizational and legal form from the civil law positions, the author views this structure in the light of public law. The article attempts to provide analysis of differences between the state corporations and commercial legal entities. The author establishes the need for introduction of the public law legal entity as a term in the Russian law, which would allow to avoid the problems, related to contradictions between the state corporations and the civil law understanding of legal persons.

Keywords: jurisprudence, state, corporation, legal, person, public law, social, use, regulation

Abstract: The article is devoted to some problems of legal regulation of the object of the parliamentary investigations in the Russian Federation. Having analyzes the federal and regional legal acts, foreign experience of legal regulation, as well as the object of the activities of the commissions of the Parliament in the sphere of investigation, the author uncovers the shortcomings of the existing model of parliamentary investigations, and provides ideas on improvement of the existing situation.

Keywords: jurisprudence, parliamentary, Parliament, control, legislative power, investigation, deputies, Commission, subjects, the Russian Federation, foreign experience

Abstract: The author studies constitutional and legal responsibility, which is one of the key institutions for any state and legal model. Unfortunately, in the Russian Federation there’s no clear and efficient system in this sphere. Existing mechanisms of constitutional and political responsibility are characterized as “false, phantom”, harming the very basis of the constitutional structure of the state. The author analyzes reasons, legal and political nature of this institution, perspectives of its formation and development, taking into account both Russian and foreign experience in this sphere.

Keywords: jurisprudence, antithesis, citizen, offence, constitution, latent, legitimacy, state, population, negative

Abstract: The article is devoted to the problems of bases for the concept of autonomous legal systems of the constituent subjects of the Russian Federation. The author analyzes various theoretical approaches to this issue. Based on the analysis of constitutional legal norms and tendencies of development of regional legislation in late XX and early XXI centuries, the author draws a conclusion on the absence of legal systems of constituent subjects of the Russian Federation. The article includes analysis of the process of transition from the model of independent legal systems of the constituent subjects of the Russian Federation to the understanding of regional legislation as an unified element of the national legal system.

Keywords: jurisprudence, legal system of the constituent subject of the Russian Federation, regional legal system, regional legislation, transformation of legal system, autonomous legal systems of constituent subjects, system of legislation in the Constitutions (Us

Keywords: jurisprudence, antithesis, citizen, offence, constitution, latent, legitimacy, state, population, negative

Abstract: This article is devoted to the topicality of constutitional (Ustav) courts in all of the constituent subjects of the Russian Federation. Such topicality is due to the need to ensure the constitutional principle of equality of all under law and in court no matter where they live. Such courts deal with institutional, political and legal issues in the sphere of development of federal relations, namely judicial federalism. The author points out that there is still unused reserve of state bodies, which could be used in order to facilitate the process of formation of the constitutional (Ustav) courts at all the constituent subjects

Keywords: jurisprudence, court, federalism, power, powers, education, subject, body, constitutional, Ustav

Abstract: Provision for the republican form of government in the Constitution of the Russian Federation Has become a subject of scientific discussion on what type of republic is our state. The author analyzes various republican forms and attempts to find specific features of various forms of republican form of government, and to single out specific features of the Russian model

Keywords: jurisprudence, state power, President, Constitution, separation of powers, projects, Parliament, powers, Russia, republic

Abstract: Based on the analysis of the specific Federal Law the author shows how the lack of clarity and formal definition in legal norms influences their application, relations between the level of public government, and in the end the protection of basic human rights and freedoms in Russia.

Keywords: jurisprudence, Constitution of the Russian Federation, right to protection of health of citizens, local self-government, legal norm, separation of powers, legality, decisions of the Constitutional Court of the Russian Federation, rights and freedoms of an individual, normative clarity

Abstract: The Constitutions of the states of the Asian Pacifi c region provide for personal rights and freedoms of a person in the amount corresponding to the international legal standards and the states’ obligations towards the international community. Each state independently establishes the means of implementation of international legal standards, establishes a broader list of human rights and freedoms in its national legislation, broadens the guarantees of their implementation taking into account the peculiarities of development of its legal system, cultural and historical traditions.

Keywords: jurisprudence, human rights, Constitution, Asian Pacifi c region, personal rights, international standards, legal systems, freedoms, regional standards the ASR states.

Abstract: The article is devoted to specifi c features of legal regulation of social relations in the sphere of science, scientifi c, technical and innovative spheres. He then analyzes the bases of regional scientifi c – technical and innovation policy of the constituent subjects of the Russian Federation.

Keywords: science, innovation, legal regulation, regional legislation, innovative policy.

Abstract: The issue of independence of trade law is related to the presence of the trade code as well as the civil code, which shows the legislators’ intent to single out certain legal norms. Accordingly the author analyzes the tendencies for codifi cation of trade law in the foreign states.

Keywords: jurisprudence, trade, commerce, law, codifi cation, legislation, code, singling out, systematizing, bringing into order.

DOI: 10.7256/2454-0706.2017.5.23012

Abstract: This article analyzes the positions of the Constitution of the Russian Federation regarding the official promulgation of the normative legal acts. Particular attention is given to the review of the resulting from the Basic Law constitutional responsibility on the official promulgation of laws. Leaning on the analysis of theoretical material, legislation, and judicial practice, the author examines the notion of law as determinative of the object of such responsibility, subjects of its realization, content, and mechanisms of ensuring the aforementioned responsibility. Special attention is given to the legal positions of the Constitutional Court of the Russian Federation on the question at hand, including the criteria for acknowledging the law promulgated, character of presidential power regarding the enactment and publication. The author comes to a conclusion that the constitutional responsibility on the official promulgation, which manifests as an important aspect within the system of constitutional structure, is realized by means of accomplishing a number of the formal and substantial criteria, rather than reduced only to publishing the law in the established official source. Such responsibility has a certain potential in development of the legal regulation from the perspective of the mechanisms of its realization. At the same time, in formation of such mechanisms must be considered their impact upon the correlation between various subjects of public authority, including in logic of separation of powers.

Keywords: Subject of public authority, Court, Constitution, Source of publication, Law enforcement, Lawmaking, Constitutional responsibility, Normative legal act, Law, Official promulgation

DOI: 10.7256/2454-0706.2017.11.24390

Abstract: The subject of this research is the “service” category, content and aspects of which are formulated upon the achievements of the economic and legal thought, but were not coordinated, which led to differentiated and incoherent normative regulation. Democratic transformations of the Russian state of the late 80’s and 90’s led to the strengthening of the government role in service relations. At first glance, such involvement contradicts the public law role of the state, since “service” is associated with the private sphere of relations that is based on commercial approaches. But in the Western European countries the governments actively participate in such relation on the bases of post-neoclassic theory of public services, which was adopted by the Russian legislator in formation of concepts of administrative reforms. The conclusion was formulation of an original definition of “service”, “state service” and “municipal service”, with consideration of the theory of public services and active participation of public branches of government in service relations.

Keywords: Economic theory, Legal definition, Government services, Municipal services, State services, Public authority, State, Labor, Work, Service

DOI: 10.7256/2454-0706.2019.10.27293

Abstract: This article examines the scientific approaches towards understanding constitutionalism in the global, integration, and national dimension; as well as the role of constitutional teleology in creating conceptual and regulatory framework of the national and global constitutionalism in the context of formation of integration law. The study determines the forms of interaction between the Russian constitutionalism and integration law, and their reflection in the Constitution of the Russian Federation. The author rationalizes the modern approaches towards understanding and terminological definition of constitution as the ultimate and supreme law of the country, regulating the domestic and international integration relations. The scientific views upon the key elements of constitutional law from the perspective of internationalization processes are revealed. The scientific novelty of this work consists in description of the theoretical framework of correlation between the global and national constitutionalism, Russian specificity of legal nature of constitutionalism, analysis of theological foundations of the formation of constitutional communication and constitutional identity, formulation of the concept of constitutional law from the perspective of Russia’s involvement in the integration and international relations. The article reflects the problem of internationalization of constitutional law and the problem of open structure of the constitution. The author suggests new forms for Russia’s participation in formation of the doctrine and practice of global constitutionalism, considering the challenges of integration processes in creation of the regulatory and structural framework of the Russian constitutionalism as an open system.

Keywords: constitutional political participation, the law of the constitution, constitutional communication, global constitutionalism, constitutional teleology, integration through the law, constitutionalism, constitution, constitutional identity, constitutional crowdsourcing

DOI: 10.7256/2454-0706.2018.12.28311

Abstract: The subject of this article is the problem of scientific plagiarism (unlawful borrowing of another author’s text), protection of copyrights, and intellectual property in the broad sense of the word, which is viewed in the context of economization of human life alongside the introduced to the State Duma by the President of the Russian Federation V. V. Putin legislative bill on extending the list of offences, which criminal charges can be dismissed in case of compensation for damage that has been inflicted. The author makes practical proposals aimed at combatting plagiarism, taking as a basis the words of Napoleon Bonaparte “Put a rogue in the lime-light and he will act like an honest man”. The scientific novelty of this research lies in examination of the problem of plagiarism from the perspective of economic and legal sciences, as well as partially sociology and human psychology. The article touches upon a number of interrelated issues: plagiarism and circumvention of legitimate citation; plagiarism and functionality of the national scientific schools; plagiarism and countermeasures; plagiarism and formation of scientific potential in Russia, etc. It is concluded that plagiarism entails a multitude of problems that can only be resolved as a whole, and not on the individual level, but representative scientific centers with government association.

Keywords: scientific schools, fair citation, plagiary, scientists, modern science, plagiarism, scientific ethics, SRC, authors' rights, intellectual property

DOI: 10.7256/2454-0706.2019.4.29497

Abstract: This article examines the evolution of the institution of socially oriented nonprofit organizations, granting them a status of the “deliverers of social services” and the “providers socially beneficial services” through the prism of influence of the concept of “service state” upon these processes. Relevance of this topic is substantiated by the rapid development of socially oriented nonprofit organizations in the Russian Federation and their impact on social life on one hand; and on the other – the government’s desire to include socially oriented nonprofit organizations into the sphere of rendering social services, which used to be the government monopoly. The goal of this research is to assess the impact of “service state” concept upon the process of inclusion of socially oriented nonprofit organizations into the sphere of social services. The author comes to a conclusion that the concept of “service state” influenced the development of the institution of socially oriented nonprofit organizations with regards to their acceptance into the sphere of social services. The acquired theoretical results complement the scientific research of the impact of “service state” concept upon the reforms of state administration in the Russian Federation.

Keywords: state firm, welfare state, community service, social service, social service provider, non-profit organization, service state, civil society, public association, open state

DOI: 10.7256/2454-0706.2019.5.29684

Abstract: The subject of this research is the means of procedural (criminal-legal, civil-legal, administrative-legal, etc.) protection of scientific information in one of the BRICS member-states – India, viewed through the prism of the force of statutory law in form of the acts on intellectual property of this country (“Copyright Act”, 1957; “Patents Act”, 1970); procedure (Code of Criminal Procedure, 1873; Code of Civil Procedure, 1908) and others in the last revision; case laws developed within the framework of acting precedent law and provisions of the doctrine. The author draws a conclusion that the fairly new method of dispute settlement such as arbitration along with the traditional, time-proven civil-legal (damages, suit for a declaration, and others) and criminal-legal (imprisonment and others) means of protection are in the focus of attention of the Indian legislator for the purpose of protection of scientific information. The scientific novelty lies in the comprehensive consideration and analysis of the approaches of legislator and representatives of judicial branch towards the procedural aspects of protection of scientific information.

Keywords: arbitration, administrative procedure, criminal procedure, civil procedure, patent law, copyright, BRICS, India, intellectual property rights, scientific information

DOI: 10.7256/2454-0706.2019.6.29829

Abstract: The subject of this research is the national program “Digital Economy” and the federal project “Digital Technologies”. The object of this research is the problem of integration of digital technologies, particularly “crosscutting technologies” into industrial sector, as well as the ways for its solution. The author carefully examines such aspects of the topic as the structure of national program “Digital Economy” and the structure of federal project “Digital Technologies”; as well as considers the functionality and competences of one of the platform of cooperation between business and government – Autonomous non-commercial organization “Digital Economy”. The scientific novelty of this work lies in demonstrating the methods of implementation of “crosscutting” technologies in the industrial sector, namely the use of the “Internet of Things” technology in the field of military and civilian production for cost reduction and improving the efficiency of the production process.

Keywords: federal project, road map, digital platform, innovative policy, cross-cutting technologies, digital technologies, digital economy, national program, strategic targets, manufacturing

DOI: 10.7256/2454-0706.2024.5.70122

Abstract: In lawmaking, there are situations when draft normative legal acts do not reach the entry into force stage. In some cases, the reason is non-compliance with formal requirements, poor elaboration of the act, and in some cases, incorrect calculations or inexpediency of expenses. A large number of changes are often made to already adopted regulations in order to correct previously incorrect decisions, as well as adjust the financial security of their implementation. These situations are aggravated by various circumstances, including, for example, difficult economic conditions and the international situation, calling for a compromise between costs and regulatory effectiveness. Such problems and circumstances show the importance of studying the cost of legal regulation, one of the aspects of which is the study of the normative consolidation of rules regarding the determination of the cost of law-making and the implementation of accepted norms. Based on this, the subject of this study is normative legal acts that establish the need to study and fix the costs of law-making and the costs associated with planning the implementation of norms, as well as the requirements for the content of the financial and economic justification as an accompanying document of the draft normative legal act. The author comes to the conclusion that despite the significant importance and the real need for regulatory legal consolidation, the assessment of the costs of lawmaking is not regulated anywhere. On the contrary, the requirements for estimating the planned costs of legal realization are regulated in a variety of subordinate regulatory legal acts and in most cases these provisions are duplicated. Regulatory impact assessment and actual impact assessment are currently carried out in relation to business entities and other economic activities and only in relation to costs arising in connection with the fulfillment of regulatory requirements.

Keywords: the state budget, financial and economic justification, assessment of regulatory impact, assessment of actual impact, economic efficiency of the norm, social effectiveness of the norm, bill, the cost of legal regulation, legal technology, lawmaking

DOI: 10.7256/2454-0706.2014.1.10615

DOI: 10.7256/2454-0706.2014.1.52131

Abstract: The history of the idea formation of bringing the services of private business to the sphere of penal activities in Great Britain (1980s); creation of the theoretical and legal framework for the private prison sector, the beginning of the experiment on the commercial management of first prisons, the development of new forms of commercial forms and mechanisms in the penal system of England and Wales. The scope of the subject also includes the statistical data relating to the penal system in England and Wales, official certificates and documents about the positive and negative results of using private businesses in the penal system, debates and opinions from well-known political figures, scientists and employees of Justice, thereby creating a fairly complete picture of the current state of this field of legal relations in England and Wales. The methodology of the study, along with the scientific methods (induction, deduction, etc.), includes the whole complex of methods and techniques that have traditionally been used in criminology and criminal law enforcement. In particular, this means a historical and comparative legal analysis, a formal-logical one, a statistical one and a dynamic one; concerning the sociological methods, the method of studying documents was used. The scientific novelty of this article is aimed, first of all, at the reflection of the problem of using the services of the private sector in the new modern conditions, including the analysis of the relevant 20-year experience of England and Wales. The novelty is contained in the identity, reflected by the author, of the originality of formation and development of this institution in relation to the prevailing conditions in Great Britain. The identified contradictions and results of this experiment are also new; they have been received from English scientific and official sources, and have been directly studied by the author in the process of writing the article. The author’s conclusions are directly related to the possibility and practicability of using private business in the penal system of the Russian Federation and to encourage theorists, legal scholars and practitioners to develop new projects for the development of the penal system of our country.

Keywords: Private prisons of Great Britain, Conservative Party, experiment, private prison management, competition, privatization and de-privatization, discussions, statistics, forecasts and borrowing experience.

DOI: 10.7256/2454-0706.2013.7.5225

Abstract: The article includes analysis of the key approaches to the nature of the state and civil society, as well as to the process of their institutionalization. The author views the issue of possible correlation of these two institutions in modern social and political conditions and in the historical perspective.

Keywords: jurisprudence, civil society, human rights, democracy, interest, political system, Protestantism, state, self-organization of persons, general human ideals

DOI: 10.7256/2454-0706.2019.4.27712

Abstract: A full-fledged practical implementation of the constitutional principle of democracy requires constant improvement of the institution of public control in the Russian Federation, which on one hand, manifests as the guarantee of people’s right to realization of democracy, and on the other hand – the mechanism that impedes the consolidation of power, its unlawful; appropriation, as well usage thereof not for the benefit of the citizens. The system of legal regulation of public control of power in the Russian Federation is represented by several groups of regulatory acts of international and national legislations. This article is dedicated to examination of the federal, regional, and municipal legislation in the area of regulation of public control in the Russian Federation. The author conducts the comparative analysis of regulatory acts that contribute to organization and functioning of the system of public control in the Russian Federation, as well as provides their original classification. This allows carrying out the analysis of regulatory framework of the mechanism of public control in the Russian Federation, determining their place, role, and significance in organization of the system of public control in the country.

Keywords: constitutional analysis, Russian Federation, public control, legislation, municipal, regional, federal, people, public administration, power

DOI: 10.7256/2454-0706.2013.6.8034

DOI: 10.7256/2454-0706.2018.1.19270

Abstract: This article is devoted to the means for ensuring the opposition of majority and minority parties, used in the State Duma of the Federal Assembly and in the House of Representatives of the Congress of the United States. The object of this research primarily concentrates on the means provided by the rules of both chambers and its realization. The aim of the article is to reveal the similarities and the differences of the realization of the idea of opposition in the lower chambers of these parliaments and the reasons thereof. The author reveals the means used in both parliaments such as the organization of majority and minority, possibility to express the majority and minority opinion, as well as their formal equality. It is concluded that the means, consolidated in the rules of the both chambers, are similar but there is a difference in the accents: ensuring the opposition in the House of Representatives and the possibility to express all the opinions in the State Duma.

Keywords: weaken the majority, role of the opposition, opposition, formal equality, rules of the parliament, opposition party, ruling party, parliament of RF, parliament of USA, expression of difference of opinions

DOI: 10.7256/2454-0706.2020.8.33009

Abstract: The subject of this research is the general terms of three standard contracts set by International Federation of Consulting Engineers (FIDIC) in 2017 – conditions of contract for engineering, construction and installation works designed by the contractor; conditions of contract for engineering, construction and installation works designed by the employer; conditions of contract for “turnkey projects” and norms of the Federal Law “On contractual system in the sphere of procurement, works, and services for state and municipal needs; as well as bylaws in the area of public procurement and urban development, which regulate the establishment and change of conditions of construction contracts regarding the types and volume of works, their cost and deadline. The novelty of this research consists in the fact that the conditions of standard FIDIC contracts are analyzed in comparison with the current legislation of the Russian Federation on regulation of public procurement. The conducted comparison revealed discrepancies in the legal regimes of contractual relations emerging thereof. The law establishes rigid requirements to agreeing and setting conditions on the source, cost and completion time of works which impede differentiation of the level of their detailing in contract documentation, and thus the creation of a favorable environment for implementation of investment and construction projects. Excessively rigid rules of public procurement legislation pertaining to the changes of contract terms block the action of risk management procedures enshrined in the FIDIC standard contracts. As a result, the parties are not able to respond adequately and promptly to the impact of external and internal factors that affect project environment. A conclusion is made on impossibility of mutually agreed terms of application of FIDIC standard contracts and Russian legislation on public procurement without making substantial amendments to the content of standard contracts.

Keywords: EPC contracts, contracts for construction, state procurement legislation, Silver Book, Yellow Book, Red Book, FIDIC model contracts, state employer, Export Services Strategy, comparative legal study

Abstract: The article is devoted to the analysis of legal regulation of the status of the NWF of the Russian Federation. The author evaluates the practice of use of oil and gas income of the budget. Then the author offers to constitutionalize the legislation of the Russian Federation regarding the issues of policy of use of the NWF.

Keywords: jurisprudence, Constitution, state, policy, budget, fun, wealth, use, principles, priorities.

DOI: 10.7256/2454-0706.2013.6.5897

DOI: 10.7256/2454-0706.2019.11.31097

Abstract: One of the main vectors of social policy of the country is the support of senior citizens. The subject of this research is the proposals of political parties in the area of pension policy. The object of this research is the campaign party platforms at the 2016 elections for State Duma of the Russian Federation. The author examines the significance of the pension issue within the platforms, as well as positions of their authors on the most pressing aspects of this issue: change in the retirement age, freezing of the investment part of state pension, continued reforms, and pension raise. The results of this research are based on the use of general scientific methods and principles of scientific cognition, systemic approach, comparative analysis and historical objectivity. Despite the significant interest of the population towards the pension issue in 2016, the parties were unable to fully capitalize on the electoral potential of this issue. Taking a stance on critical position, they did not offer comprehensive alternatives to the current system – disjointed proposals on its improvement and amplification did not correspond to the scale of the problem. Most of the promises to raise the pensions carried evident populist character, and were not accompanied by a mechanism of its implementation. Majority of the specific and achievable proposals pertained to separate additional benefits and were based on the already prepared legislative bills by the parties. However, with the continued pension reforms, the issue will remain relevant in the next electoral cycle, and it will soon be clear whether the parties were able to account for the 2016 miscalculations and prepare the voters for new comprehensive and quality proposals in the area of social security of the pensioners.

Keywords: children of war, social law, Spravedlivaia Rossiia, KPRF, Gosudarstvennaia Duma, Edinaia Rossiia, eletion, pension reform, pension support, RPPS

DOI: 10.7256/2454-0706.2023.2.37207

Abstract: The subject of the study is the legal norms regulating public relations regarding the functioning of institutions of direct democracy in the Russian Federation, as well as drafts of the electoral Code of the Russian Federation and the opinions of scientists on the need to develop and adopt a federal electoral code, as well as the definition of the codification of law as such. The author comes to the conclusion that the previously proposed draft codes are not inherently codification products, since they basically reproduce the norms of existing legislation instead of radically changing it. At the same time, similar problems exist not only with regard to the right to vote, but also in the legal regulation of other institutions of direct democracy.As a result of the conducted research, the author comes to the conclusion that in order to realize the democratic nature of the Russian state, increase the efficiency of the functioning of direct democracy institutions, reduce their dependence on the discretion of public authorities, increase the guarantees of citizens for access to them, it is possible and necessary to develop, widely discuss and adopt the Code of Democracy of the Russian Federation. In the work, the author sets out the original concept of the code, in particular, justifies its name, the form of the federal constitutional law, and also describes the proposed structure of the code, which should include general provisions, sections on subjects of direct democracy, on the functioning of individual democratic institutions, as well as a section on the infrastructure of democracy.

Keywords: Electoral code, electoral law, electoral process, Democracy Code, democracy, public events, petitions, code, codification, referendum

DOI: 10.7256/2454-0706.2018.4.24939

Abstract: The subject of this research consists in the norms of the legislation of the Russian Federation and Azerbaijan regulating the internal corporate relations within publicly traded companies and LLC, as well as the rulings of the higher courts and legal doctrine of the countries in question. The object of this research is the internal relations within PTCs and LLCs of these countries. The authors research the prospects and horizons for the internal corporate and inter-corporate relations, comparing these concepts based on the doctrine of the Russian Federation and Azerbaijan. The novelty of this research lies in the comparative legal analysis of the regulation of internal relations within the PTCs and LLCs in Russia and Azerbaijan. The work employs the materials from the current Russian and Azerbaijan legislations with consideration of their latest revisions.

Keywords: business environment, private law power, self-regulation of relations, Corporate administration , LLC, Publicly traded company, Azerbaijan, Russian Federation, Internal corporate relations, Corporate relations

DOI: 10.7256/2454-0706.2017.9.24025

Abstract: The subject of this research is the relevant issues of correlation between the constitutional principle of ideological diversity and the extensively discussed within the Russian society question of establishment of the Russian national idea. The authors meticulously review various doctrinal approaches towards interpreting the constitutional principle of ideological diversity, as well as give special attention to the characteristic of the distinctive signs of ideology and national idea. It is noted that the ideology expresses the interests of separate social groups, is applicable to the sphere of limited, specific; national idea is characterized by universality and ubiquity, as well as manifests as a unifying social beginning that contains the common value bases of social life. The authors underline that in the context of the Russian history and present, the category of national idea is used in a narrow-ethnic, but broader cultural-civilizational meaning, which reflects the multinational and multiconfessional nature of the Russian society. Conclusion is made that the ideology alongside the national idea are not included into the subject of legal regulation, but rather suggest a continuously renewing dialogue, search process of the historically justified optimal combination of interests of the various social groups for the purpose of reproducing the social world.

Keywords: Social dialogue, Solidarism , Socialism, Liberalism, Deideologization, National idea, Ideology, Principle of ideological diversity, Constitutional principles, Constitution

DOI: 10.7256/2454-0706.2014.1.10711

DOI: 10.7256/2454-0706.2018.3.25741

Abstract: The subject of this research is the modern normative legal base that institutionalizes physical culture in higher educational facilities of the Russian Federation. The object of this research is the domestic policy of Russia on formation of physical culture of the students. The author examines the key grounds and sources of the indicated domestic policy, indexes and indicators of its efficient implementation. The center of attention is the incorporation of the given component of domestic policy in such spheres as: education, physical culture and sport, youth policy, socioeconomic development, and national security of the country. The presented conclusions were acquired through application of the method of content analysis, comparison, and synthesis of the existing legislation. The author detects the presence of prominent domestic policy on formation of physical culture of the students in modern Russia, underlines its high relevance, as well as provides comprehensive characteristic, considering the profound interdisciplinary connections. The author’s substantiates a thesis that the efficiency of implementation of domestic policy of the Russian Federation on formation of physical culture of the students depends on the quality of normative legal regulation of the physical education processes within the higher educational facilities of the Russian Federation.

Keywords: human development, higher education, healthy lifestyle, student sport, physical education, physical culture, Russia, state policy, legislation, legal and regulatory framework

DOI: 10.7256/2454-0706.2014.1.52132

Abstract: This article represents a theoretical overview of the concept of asymmetrical federalism in multinational states. Asymmetry is shown as a tool of federation conservation, although it is an unstable institution in that it affects all the participants of political actions to some extent. In this regard the subject of research is the process of confrontation between the center and the national minorities, obviously threatening the existing political system; the decision of the center on providing the asymmetric entities with autonomy can lead to mutually beneficial cooperation. The author uses the argument as a game-theoretic framework, linking the strategic goals of the federal and regional elites with the issues of nationwide stability. Particularly in view of the importance of the creation and consolidation of asymmetric institutions, the institutional approach is also used in this article. The scientific novelty of this study is that asymmetric federalism can be represented as a “nested (nesting) game”, where the events, occurring within the ethno-national segment, determine the situation across the whole federation. It is assumed that the rules of asymmetrical federalism are primarily not stable, in view of the fact that they affect all the participants of the political process in the State. This approach illustrates the analysis of the development of Russian federalism. The author of the article illustrates the theoretical ideas on the example of analysis of the Russian federal institutions established in the 1990s during the negotiations between the center and regional separatist minority elites.

Keywords: asymmetric federalism, institutions, federation stability, multinational state, Russian federalism, “nested (nesting) game”, ethno-nationalism, regions, separatism and national minorities.

DOI: 10.7256/2454-0706.2018.1.22542

Abstract: The subject of this research is the constitutional law norms that regulate the status of Aceh as a semi-autonomous province of Indonesia. The object of the study is the public relations forming in the sphere of the constitutional law regulation of its status. The author thoroughly explores such aspects of the topic as the 2005 Memorandum of Understanding (MoU) and its impact on formulation of the constitutional legal regime of the semi-autonomous province. Special attention is given to the transformational processes taking place within the framework of current legislative regulation with regards to conditions of this agreement on the autonomic status of Aceh. The novelty of this research consists in the fact that the territorial variety of autonomy currently represents one of the key mechanisms capable of supporting materialization of objectively possible and mutually acceptable models of organization and stabilization of domestic relations. The relevance of this research is substantiated by the need for analysis of the practice of formation and development of domestic relations in foreign countries for the purposes of its systematization and account.

Keywords: Regional House of People’s Representatives, Regional Government, governor, sharia law, public authorities, Aceh, territorial autonomy, Indonesia, Constitution, Law of the Republic of Indonesia Number 11 of the year 2006 Regarding Governing of Aceh

DOI: 10.7256/2454-0706.2021.3.35167

Abstract: The subject of this research is the materials of the prosecutorial, law enforcement and judicial practice, norms of procedural legislation and legislation on the prosecutor's office, which regulate social relations emerged in exercising discretionary powers by the prosecutor in the context of oversight activity over execution of laws by the entities under supervision, as well as the positions formed on this matter. The object of this research is the social relations that arise in exercising discretionary powers by the prosecutor in the context of his oversight activity over execution of laws by the entities under supervision, essence, principles and limits, as well as the problems of their implementation occurring in prosecutorial activity. The study of discretionary authority of government branches lately receives increasing attention due ti the fact that limitless exercise of such authorities can invoke corruptive behavior. Examination of the questions of legal regulation of discretionary authority of the prosecutor is of prime importance as the prosecutor's office oversights the execution of laws and observance of rights of the citizens. The existing legal constructs that allow the exercise of discretion by the prosecutor are far from perfect, which causes the problems of law enforcement and violations of rights of the subjects under supervision. Therefore, the author explored the views of the scholars on the possibility of application and the scope of discretionary authority in the work of the prosecutor’s office and other government branches, effective legislation that regulates the discretionary authority of the prosecutor along with the practical aspects of its use. The novelty of this work and the author’s special contribution consist in the fact that based on the obtained results, the author offers a definition of the discretionary authority of the prosecutor, principles and limits of their application, as well as the way the legal constructs involving such authority should be structured.

Keywords: legal constructions, citizens ' rights, discretion, legality, implementation limits, principles, corruption manifestations, discretionary powers, prosecutor, supervised entities

Abstract: A.A. Djagaryan’s article is devoted to evaluation of the control powers of a deputy of the State Duma of the Russian Federation as an inalienable part of his constitutional legal status. As the author notes, the right of deputy request to the Constitutional Court of the Russian Federation has traditionally been viewed as a collective right. At the same time, it is possible to interpret constitutional norms in such a way, so this right is regarded as an individual right of every particular deputy.

DOI: 10.7256/2454-0706.2020.4.32517

Abstract: The subject of this research is the key, dominant and most consistent development trends of the national constitutional law in post-Soviet period (1990’s – present). The author examines the following trends: succession, reception, internationalization and cyclicity of the development of constitutional law, as well as expansion and conceptual changes in its content. Each trend is substantiated by the provisions of constitutional legal doctrine, current Constitution, legislation and constitutional practice. The main conclusions consist in the thesis that the determined trends are inherent namely to the modern constitutional law, rather than Soviet or prerevolutionary stages of its development. Moreover, if separate trends coincide with the modern constitutional law of foreign countries, in Russia they have peculiar content, justified by the specificity of state legal development of the country. The evolution of Russian modern constitutional law takes place at the intersection of constitutional distinctness and constitutional universalization. Constitutional distinctness implies the synthesis of succession, certain cyclicity in the constitutional legal sphere, and presence of the unique legal phenomena characteristic to the national constitutional legal system. The manifestations of universalization of the modern Russian constitutional law include its reception and internationalization.

Keywords: constitutional identity, cyclicity, internationalization, reception, continuity, regularity, constitutional law, universalization, constitutional, constitutionalism

DOI: 10.7256/2454-0706.2020.8.33119

Abstract: The subject of this research is the legislation and practice of its implementation, as well as the legal doctrine of Russia, Germany and Great Britain on the existing special systems of compensation for damage inflicted to health as a result of work accidents and occupational diseases. The author examines the special systems of restitution for occupational damage that represent starkly different versions of implementation of basic models developed in global practice (Bismarck and Beveridge). Attention is focused on the key issues of compensation for occupational damage using the legal means available in the Russian Federation. Analysis is conducted on the existing foreign experience on the matter. The author’s special contribution to the research of the topic consists in the statement that for establishing balance within the system of restitution for occupational damage it is necessary to clearly demarcate the three types of compensations: guaranteed social security paid from the budget funds in terms of obligations assumed by government to support vulnerable population groups; obligations in tort recovered from the tortfeasor, considering the grounds and limits of civil liability; insurance payments, which represent partial coverage of inflicted damage based on the terms of insurance contract. The scientific novelty lies in determination of the prospects for improving the national special system of restitution for occupational damage. It is substantiated that in such system the distribution of losses between different types of compensations should be based on the criteria of preferred form of compensation (payment in kind or financial compensation); legal nature of separate elements of reparation (incapacitation, occupational disease, etc.); type of payments (recurring or lump sum), purpose of compensation; calculation of payments.

Keywords: occupational disease, industrial accident, treatment costs, compensation, health, harm, special system, industrial harm, compensation system, working capacity

Abstract: This article contains detailed comparative analysis of powers of the Constitutional (Ustav) courts of the subjects of the Russian Federation. As author notes, certain powers of the Constitutional (Ustav) courts, such as control over constitutionality of non-normative acts of the government bodies in the Republic of Tyva, control over constitutionality of application of laws by the executive branch in the Republic of Sakha (Yakutia), power to make decisions on prohibition and dissolution of the political parties in the Republic of Bashkortostan, cause certain doubts. Article also contains analysis of the practice of the Constitutional Court of the Russian Federation related to this issue, and of foreign experience in the sphere of constitutional control.

DOI: 10.7256/2454-0706.2018.2.25338

Abstract: This article is dedicated to examination of the political legal phenomenon of lobbying, history of the emergence of its institution, as well as doctrinal and legal positions regarding the content of the concept of lobbying. The object of this research is the social relations established in the area of interaction between the society, citizens, and government pertinent to promotion of the normative legal acts into the government authorities and local self-governance with the lawmaking function. The subject of this research is the Russian doctrine and legislation in the field of lobbying. The article explores the history of emergence of the concept of lobbying, provides original definition of lobbying, as well as substantiated the need for establishment of a universal understanding of the aforementioned phenomenon. Special attention is given to correlation between the characteristics of lobbying and the approach, through the prism of which it is determined. For avoiding the conceptual ambiguity, it is suggested to view lobbying as a normal and legitimate phenomenon, the political legal institution that is aimed at achieving the socially useful objectives. The scientific novelty lies in examination of the political legal phenomenon of lobbying; formulation of the notion of lobbying, particularly the author’s original definition; for the purpose of elimination of the conceptual ambiguity and reaching the terminological unity is suggested the universal understanding of lobbying, within the framework of which such phenomenon will have a positive implication.

Keywords: offense, corruption, corruption lobbying, illegal lobbying, legal lobbying, sing of lobbing, history of lobbying, Lobbying, approaches to lobbying, terminological unity

DOI: 10.7256/2454-0706.2019.1.27872

Abstract: The subject of this research is the legislation on the territories of traditional natural resource management and array of regulations determining the rights of indigenous peoples to use natural resources, as well as the established law enforcement practice with regards to implementation of the traditional economic activity. The study aims to determine the full extent of realization of positions of the Article 69 of the Constitution of the Russian Federation in Russian legislation, as well as conceptual justification of the changes required for creation of the mechanism that guarantees realistic implementation of the constitutional right of the indigenous peoples to preserve their traditional way of life. The historical and comparative-legal methods allow giving general characteristics to the two stages of development of the institution of traditional natural resource management. Based on assessment of the federal and regional legislation, as well as the law enforcement practice (including the responsibility for unlawful natural resource exploitation), the author suggests to revise the ideological doctrine that predetermines the development of national legislation in this area; formulates the changes that should be introduced to the legal and regulatory framework of the rights of indigenous peoples to natural resource management in terms of realization of the traditional economic activity. The results of the research demonstrate that the orientation towards limitation of indigenous peoples economy to the natural exchange essentially contradicts the fact that the members of the indigenous peoples are practically deprived of the preference to natural resource management in their original habitat. It is proven that the need to establish the duty of the government authorities to provide the communities with land suitable for conducting traditional economic activity in order to compensate them for their original land that is now being used by mineral developers, loggers, industrial or other objects.

Keywords: natural resources, traditional land use, aboriginal habitat, community of indigenous peoples, Far North, Arctic region, territories of conventional nature management, indigenous minorities, territorial structure, state land policy

Abstract: This article contains critical analysis of provisions of Article 213 of the Criminal Code of the Russian Federation on group hooliganism. As the author notes, in spite of the amendments, which were applied to the Criminal Code of Russia by the Federal law of 8th of December, 2003, a number of problems, regarding application of Article 213 of the Criminal code in case of group hooliganism, remained unsloved. The article also contains analysis of existing case law on the issue, possible solutions.

DOI: 10.7256/2454-0706.2021.10.36757

Abstract: The principle of publicity is one of the basic principles of real right and one of the important conditions for implementation of the principle of public credibility of the real estate title registration. During operation of China’s Law on Real Rights, a range of problems has emerged with the provisions in this part in doctrine and practice, for example: nature of the registration authority and its impact upon operation of the principle of public credibility of the real estate register, ambiguity of the category of interested person, method of confirmation of interest of the applicant, etc. Due to time constraint, these issues have not been eliminated as a result of recent enactment of the Civil Code of the People's Republic of China. There are plenty of disputes within the Chinese civil law doctrine. This article analyses the evolution of the legislation in force regarding the principle of publicity of the real estate register and state registration in PRC, as well as outlines the array of issues. The goal of this research lies in determination and assessment of significant flaws in the current legislation. The novelty consists in critical analysis of the existing problems and gaps in current legislation of the People's Republic of China, as well as the author's position based on the analysis of China’s social situation. The acquired results reveal the need for the development of the unified scientifically grounded legislation. The author believes that this work would contribute to development of the next stage of PRC legislation in terms of real estate title registration, lay groundwork for implementation of the principle of public credibility of the real estate register, as well as familiarize Russian audience with China’s experience on the matter.

Keywords: Principle of Entity Publicity, Openness principle, Real property, Principle of public credibility, The Property Law,, The People's Republic of China, Principle of formal publicity, National registration, registration authority, Stakeholders

DOI: 10.7256/2454-0706.2022.3.36817

Abstract: One of the main directions of the state's social policy is to support the elderly. In the Russian Federation, after the last pension reform of 2018, the issue of pension provision has become one of the main points of tension in the relationship between the state and society, which was reflected in the federal election campaign of 2021. The subject of study in this article is the proposals of political parties in the field of pension policy. The election programs of the parties in the 2021 elections to the State Duma of the Russian Federation of the VIII convocation were used as the object of the study. The author examines the attitude of the authors of pre-election programs to certain aspects of pension reform, including changes in the retirement age, the direction of further reforms, social protection of pensioners and pre-retirees, in addition, a comparison with the position of the parties in 2016 was made. The results of the study are based on the use of general scientific methods and principles of scientific knowledge, a systematic approach, comparative analysis and historical objectivity. Despite the continued significant interest of the population in the pension problem in 2021, which sharply increased after the retirement age was increased, the parties were unable to fully realize the potential of this issue. Speaking from critical positions, they focused on counter-reform, reducing most of the proposals to a return to the past, practically offering no innovations. Most of the statements on raising the level of pensions were clearly populist in nature and had no mechanism for their implementation. Regarding the 2016 elections, opposition parties have noticeably intensified criticism of the existing system and the Pension Fund of Russia. United Russia, on the other hand, distanced itself as much as possible from the pension reform, without touching on the latest changes in its election theses. It can be expected that in the next election cycle, the pension issue will retain the status of one of the central issues in the election campaign.

Keywords: Communist Party, Fair Russia, Apple, United Russia, pension reform, The State Duma, elections, LDPR, RPPS, social legislation

DOI: 10.7256/2454-0706.2017.8.23188

Abstract: This article is dedicated to the questions of content and volume of the terms used in Constitution of the Russian Federation. The author examines the constitutional norms, which apply the terms identical or conformable to the common for other branches of law. In particular, attention is given to provisions of the Constitution pertaining to limitation of electoral rights of the individuals “who are kept in places of imprisonment under a court sentence” (Chapter 3, Article 32 of the Constitution); norms that define the grounds for impeaching the President of the Russian Federation due to the “charges of high treason or of another grave crime” (Chapter 1, Article 93 of the Constitution); as well as the term “international agreements of the Russian Federation) as a determinative circle of acts that from the perspective of stipulation of rules have priority over the laws (Chapter 4, Article 15 of the Constitution). Based on the conducted research, a conclusion about the lack of grounds for comprehending exceptionally within the logics of the blanker norms of constitutional provisions, conformable to the sectoral legal regulation from the standpoint of applied terminology. The author also believes that the dynamics of constitutional provisions cannot be identified with the possibility of their actual reconsideration as a result of the transformation of meaning of the particular terms at the scale of existing legislation. Due to this fact, in each similar case, the necessary for determining the concrete content of the constitutional provision consists in revealing the autonomous and “blanket” elements of the constitutional notions.

Keywords: Constitutional term, International agreement, Imprisonment, High treason, Grave crime, Interpretation, Blanket norm, Terminology, Constitutional law, Constitution

DOI: 10.7256/2454-0706.2022.4.37833

Abstract: The development of technologies has been growing rapidly lately, and with it the need for their protection is growing. Modern legal regulation provides for several options for protecting information about their developments. The most effective and modern is the know-how institute. The subject of the study is know-how and a similar regime - a trade secret. The comparison of these institutions at the level of different legal systems and legal systems is carried out. The main criteria for distinguishing these terms are revealed. In addition, the analysis of the terms of agreements on the alienation of know-how was carried out. And the main problems in specifying the conditions in the know-how alienation agreement have been identified. The novelty of the study lies in the fact that for the first time the explanations necessary for the conclusion of a contract on the alienation of know-how are presented. The risks of concluding such contracts are analyzed and a decision on minimizing risks for all parties to the contract is presented. The analysis of theory and practice was not limited to the Russian Federation. The analysis of the legal regulation of know-how and trade secrets in the UK, USA and Germany is presented. Conclusions are drawn about the difference in the legal regulation of know-how and trade secrets, including in the scope of liability. However, the use of the institute of know-how provided by the introduction of a trade secret regime seems to be the most effective for the protection of confidential information.

Keywords: TRIPS, risk, responsibility, contract, commercial secret, confidential information, the secret of production, know-how, intellectual property, subject of the contract

DOI: 10.7256/2454-0706.2017.10.21682

Abstract: The subject of this research is the agrarian policy of the government of the Russian Empire pertinent to the former state and appanage peasants of Arkhangelsk Governorate over the period from 1861-1917. The land reform in the aforementioned region was conducted in conjunction with the example of the central governorate with a focus on the regional specificity. The distinctness of historical legal development of the Arkhangelsk Governorate, which consisted in lack of the private feudal dependency of the majority of northern peasantry and vivid regional aspects of the peasant community, defined the peculiarities of implementation of the government agrarian policy of the late XIX – early XX centuries. Special attention is given to the problem of legal regulation of land ownership of the peasants. Particularly, the uncertainty of legal status of the historically established two forms of land ownership – civil allotments and crown lands taking for clearing under the right of 40-year use, in practice created the circumstances for abusing the ownership rights by peasants, and thus, led to litigation. Relevance of this this research topic is associated with the search for the way to develop the agrarian sector of the Russian economy in the rich experience of the reforms of the late XIX – early XX centuries. The author comes to the conclusion on the controversy and inefficiency of the policy of the Russian Empire with regards to peasants, which left unsolved led to problems of not only economic, but also political nature.

Keywords: volost court, appanage peasants, state peasants, clearing, government land, allotment land, community, agrarian reform, customary law, law

DOI: 10.7256/2454-0706.2020.6.32853

Abstract: The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

Keywords: rules, law, deputy, Parliament., legislative initiative, constitushion of the Russian Federation, legislative process, the legislative proposal, the subject of the reference, governmental authority

DOI: 10.7256/2454-0706.2018.12.28440

Abstract: The subject of this research is the positions of subjective public rights opposing the postulates of state administration doctrine. The authors subjects to criticism the “government-administration approach”, dominating the doctrine of administrative law starting with the Soviet era. Special attention is paid to the social legal analysis that formed within the doctrine of categorical row. In comparison to this, the author examines the concept and system of subjective public rights, in the context of which proposing a new outlook on the composition of the subject and the system of administrative law. A conclusion is made that state administration doctrine caused the most damage to the theory of subjective public rights. However, this doctrine plays a key role in the administrative law doctrine, having the potential for its development in the proper framework, since it provides not only positioning of private citizens as the central subjects in legal relations with public administration, but also the instrumental approach towards the analysis of such interaction, which is beneficial for legal practice and improvement of legislation.

Keywords: subjective right, human rights, Jellinek, public services, public administration, state management, subjective public right, administrative law, public law, authority

DOI: 10.7256/2454-0706.2013.1.51896

Abstract: On the basis of the analysis of the key indicators of effective functioning for the state political system, such as separation of powers and the checks and balances system, the author provides comparative analysis of the state systems in the USA, France and Russia. Based on the studies of interactions between the presidential, executive, legislative and judicial branches of power in the Western states, the author shows specific features and problems of state system in modern Russia, and she also reveals the tendencies of development and discusses necessary initiatives for the transition of the Russian super-Presidential form of government to the Presidential- Parliamentary form of government.

Keywords: political system, public administration, state power, state system, separation of powers, political system of the USA, political system of France, political system of Russia, Presidential form of government, Presidential-Parliamentary form of government, super-Presidential form of government.

DOI: 10.7256/2454-0706.2016.1.16285

Abstract: The author explores the problem of identification of the Russian republicanism and constitutionalism, demonstrates the relationship between the constitutional form of government and models of separation of powers, open scientific approaches to understanding the nature and features of the republican form of government established by the Constitution of the Russian Federation in 1993. Particular attention is paid to the dynamic possibilities, realities and prospects of the development of the republican form of government in Russia. The study analyzes the theoretical basis, the origins of the principle of separation of powers, constitutional contours of the model of separation of powers ("flexible", "hard" and "mixed" models), as well as the problem of the origin, development and implementation of the modern principle of separation of powers as the basis of the constitutional order of Russia. The scientific novelty consists in the formulation of specific features of various models of separation of powers in light of their effect, implementation, as well as the future development of the republican form of government within the Russian model, including the identification of legal nature of the Russian constitutionalism.

Keywords: republicanism, form of government, Russian constitutionalism, models of the separation of powers, semi-presidential system, presidential constitutionalism, President of the Russian Federation, the executive branch, "flexible", "tough" model, "mixed" model

DOI: 10.7256/2454-0706.2016.1.52568

Keywords: President of the Russian Federation, presidential constitutionalism, semi-presidential system, models of the separation of powers, Russian constitutionalism, form of government, republicanism, the executive branch, "flexible", "hard" model, "mixed" model

DOI: 10.7256/2454-0706.2018.5.24901

Abstract: This article deals with certain problems of legal regulation of the relations from harm caused by high-risk sources in legislation of Russian and the United States. The authors rely not upon the examination of abstract models of functionality of the high-risk source as tool separated from the manufacturer, but rather the results of studying the legal norms (including legislative regulations and precedents), doctrine and judicial practice of both countries that provide answers to multiple argumentative questions. The scientific novelty consists in the fact that the authors consider the legal concepts and legislative solutions in the area of relations from the harm causes by high-risk sources (enhanced by hazardous activity) in the Russian Federation and the United States from the perspective of evolution of the scientific thought of these countries. The authors detect the common feature in both legislations – the doctrines of the Russian Federation and the United States contain the idea on the need for consideration not only the functionality of the tool (high-risk source), but also the actions of the operator of the high-risk source. Based on the conducted analysis of the physical essence of the high-risk source, is established the dialectical unity of the object, its properties and their possible transformation in the process of manufacturing or exploitation of the object. The analysis of physical essence with regards to resolution of the dichotomy of joint and several responsibility must be applied in future works dedicated to causing harm by the high-risk sources.

Keywords: product liability, fault, strict liability, Russian Federation and United States, ultrahazardous activity, high-risk sources, tort law, tort, negligence, Restatements of Torts

DOI: 10.7256/2454-0706.2019.9.30581

Abstract: The object of this research is the system of law and its subsystem – the institution of legal responsibility in their interconnection and correlation. The subject of this research is the problems of differentiation of legal norms in sectoral and sectoral institutions of legal responsibility on micro and macro levels; scientific outlooks on the system of law and the system of legal responsibility. Analysis is conducted on the most controversial issues of the structure of the legal system and bases of its division. The authors substantiate the unacceptability of arbitrary based solely on subjectivism of the legislator, determine the new branches of law, as well as integrated branches. At the same time. The existence of cross-sectoral institutions that are on the same level with the sectoral division of the system of law is recognized. Leaning on the theoretical positions on the system of law, research is conducted on the structure of the institution of legal responsibility; the theses are offered on political structuredness of this system, as well as presence of interconnections with various levels and elements of the system of law. Conclusions are made on the dependence between the elements of the system of law and the elements of the system of legal responsibility, which are not simultaneously of absolute nature. The presence of sectoral structure of the system of law does not always presuppose existence of sectoral institution of legal responsibility, same as the separation of the system of law onto private and public does not signify existence of private legal responsibility. The authors substantiate the unacceptability of the arbitrary selection of sectoral and cross-sectoral institutions of legal responsibility based solely on subjectivism of the legislator and declarativity of prescriptions.

Keywords: types of branches of law, branches of legislation, Institute of Legal, ; branches of law, legal liability system, system of law, types of legal, functional relationships, structure of law, liability structure

DOI: 10.7256/2454-0706.2024.3.70044

Abstract: The main features and problems of the development of legislative regulation of telemedicine in the Russian Federation are considered. The stages of such development are identified and analyzed: the existence of a concept, the existence of detailed regulation, the establishment of the possibility of deregulation within the framework of a legal experiment, the beginning of a legal experiment. The correlations between changes in the telemedicine services market and changes in legislation and regulated public relations are considered. The probable reasons that prompted the legislative bodies to establish detailed regulation of relations in the field of telemedicine have been identified, given that the provision of telemedicine services has never been prohibited (encouraging participants in civil turnover to use this legal institution, public interest in regulated public relations). The aim of the work was to formulate the problems of non-systemic changes in legislation on telemedicine, their determinants and further optimal development vectors. The research methodology is based on historical and teleological methods that allow us to consider the problems of legal regulation of telemedicine, based on the peculiarities of the formation of legislation in this area. The paper analyzes statistical data, regulations and materials of judicial practice; using the comparative legal method, general and various trends with the development of other legislative institutions are identified. It is concluded that regular changes in legislation on telemedicine, undermining its stability and predictability of legal regulation, have their reasons for the lack of conditionality of reforms with the current concept of development of legislation on telemedicine, as well as the redundancy of the adopted regulatory regulation. Taking into account the absence of civil law litigation on the provision of telemedicine services, it is proposed to expand deregulation in this area beyond the legal experiment: extending its provisions to the current legislation as a whole. This need is indirectly confirmed by statistical data on a significant increase in the provision of telemedicine services after their legislative consolidation, with its subsequent decrease and the introduction of a legal experiment on deregulation after that. The study is financially supported by the Russian Science Foundation, project No. 23-78-10175, https://rscf.ru/project/23-78-10175/.

Keywords: remote medical care, dynamism, stability, deregulation, development of legislation, legal regulation, concept, telemedicine, medicine, legislation

Abstract: In this article Professor O.L. Dubovik reviews topical issues of the ecological law of the European Union, provides information on the issues discussed at the 30th Anniversary of the Ecological law of the European Union symposium, which was held in Bremen, such as influence of provisions and principles of the European ecological law on the legislation of the members of the EU, problems of judicial practice in the sphere of ecology and protection of ecological rights of people, goals set for strenghtening ecological order in the future.

Abstract: Search for an optimal level of detail and forms of federal regulation within the scope of joint jurisdiction of the Russian Federation and its subjects is currently one of the key goals of balanced federal relations. As the author of this article notes, in order to solve this problem, much work should be done and almost all of the federal laws in the sphere of joint competence, as well as relevant conventions, should be amended in accordance with new legislative requirements. The article contains analysis of history of the issue, legislative basis and practice in various areas of law. The author also studies the problem of correlation of the terms “basis” and “basic principles” of legislation in the sphere of joint competence.

Abstract: Unification of tax system is characteristic not only of the highly integrated countries, such as member states of the European Union, but also of the countries at the early stage of regional integration, such as the NIC states, and this article is devoted to the integration processes in the NIC.

DOI: 10.7256/2454-0706.2020.8.33251

Abstract: This article makes an attempt of comprehensive analysis of the phenomenon of youth parliamentarism as a structural possibility of involvement of representatives of the Russian youth in law-making activity. The authors formulate a definition of youth parliament, as well as describe the organizational and legal framework of functionality of youth parliamentary structures. The authors develop a model of systemic assessment of the effectiveness of youth parliamentary structures based on the five key vectors of activity of these institutions: legislative, project, personnel training, and the organization of socially significant events. The need is substantiated for implementing such methodology of assessment and comparison of the effectiveness of activity of youth parliamentary structures in different regions of the Russian Federation for the purpose of determining most successful strategies of fulfillment of their functionality. The novelty of this work consists in the detailed analytical overview of the doctrinal and legal definitions of the youth parliament, as well as in elaboration of practical approach towards assessing the activity of regional youth parliamentary structures. The main result of the conducted research lie in the original (proposed by D. A. Fedotov) procedure for calculating the key performance indicators and efficiency coefficient. It is proven that introduction of universal indicator of youth parliamentary structures would eventually stimulate the development of youth parliamentarism in the Russian Federation. The authors formulate the assessment criteria for each vector of activity of the youth parliamentary structures. The future implementation of the all-Russian rating model would increase the effectiveness and coordination of interaction between the youth parliaments and civil society institutions

Keywords: legislative activity, youth representation, coefficient of effectiveness, KPI, youth parliamentary movement, youth parliamentary structures, youth parliamentarism, civil society, personnel policy, project activities

DOI: 10.7256/2454-0706.2020.9.33730

Abstract: The subject of the study was the procedural features of constitutional control that affect the style of constitutional and judicial argumentation. The author sought to identify and analyze the parameters of norm-control activity that determine the content of argumentation techniques, using as an empirical basis of the study the experience of organizing constitutional control in Russia, Australia, Austria, Germany, Israel, Spain, Italy, Canada, USA, Taiwan, France and South Africa. Particular attention was paid to such procedural and procedural factors as the model of constitutional control, the procedure for considering cases, including the specifics of raising questions addressed by judges to participants in court proceedings, the availability of texts of procedural documents, the tradition of presenting the text of a court decision, the number of judges, the collegial procedure for making a decision and the content of the institute of dissenting opinion. Using the concept of argumentation style and identifying the correlation between specific procedural rules and argumentation patterns arising in the practice of constitutional justice, the author outlined the advantages and disadvantages of certain parameters of judicial control over the constitutionality of normative acts. In general, the conducted research allows us to conclude that the institutional environment of norm-controlled activity is formed not only by procedural rules, but also by legal traditions that dominate in a particular state, since the relevance, suitability and relevance of individual argumentation strategies used within the framework of constitutional control largely depend on their compatibility with the nature of legal thinking.

Keywords: legal tradition, constitutional court, argumentation pattern, procedure, argumentation style, justice, constitutional control, legal reasoning, constitutionality, legal thinking

DOI: 10.7256/2454-0706.2013.1.51897

Abstract: The author analyses the main characteristics of the social state (with the priority for the protection of vital social human rights), as a theoretical doctrine, a constitutional formula and a social policy within the framework of globalization with the variety of global threats. The author emphasizes that among the global threats to health one should consider the negative effects of medications, including the problem of medication safety, since about a quarter of diseases on the planet are the result of its violations The article also focuses on the problem of patient safety (such as «the ability to reduce the risk of harm associated with health services to an acceptable minimum»), particularly taking into account that the health of the population is currently considered to be the primary goal for the national security, and the security of an individual and citizen is recognized to be of the social, constitutional and legal value. Therefore, the implementation of the constitutional right to health protection is possible within the safe health care system, providing for the safe medical activities, including using the safe medications. The task of medicinal safety can be fulfilled by the guarantees of the right for the health protection; by the individual and governmental activities, which are aimed to protect and defend this right, as well as due to the development of certain legal rules (through the development and improvement of legislation on health care, as well as its structural components, – the legislation on the circulation of medications), which is impossible without the purposive activity of Russia, as a socially oriented state.

Keywords: Social state, constitutional right on health protection, globalization, medication, medication safety, patient safety, global threats, legislation, humanism, medical activities, healthcare.

Abstract: N.N. Kharitonova studies the key tendencies of development of modern constitutional control, such as widening of its territorial scope, viewing the issues of constitutional control on the international scale, greater interaction of the states in this sphere. This article contains evaluation of foreign and Russian practice of constitutional control by specialized courts. The author also analyzes NIS state practice in the sphere of constitutional control.

DOI: 10.7256/2454-0706.2023.12.43773

Abstract: The article draws attention to the problems of ensuring legality in the application of administrative coercion measures. This problem is one of the most important, since during the application of coercive measures, restrictions on the rights of citizens are carried out. Administrative coercion is applied only if there are appropriate grounds, which is partly a guarantee of compliance with the requirements of legality in the application of appropriate coercion. The author drew attention to the guarantees of legality, which must be taken into account when applying administrative coercion measures, these guarantees can be both material and procedural. Procedural guarantees are more in demand when applying measures of administrative and procedural coercion, they are associated with the action of administrative responsibility. The problems of ensuring the rule of law are relevant for all areas of law enforcement activities of the police. One of the activities of the police is administrative activity. The police use a wide variety of forms and methods that are of an administrative and legal nature, in this regard, the guarantees of legality also have an administrative nature. The author drew attention to the essence of these guarantees, carried out their classification according to their functionality and regulatory consolidation. The author concluded that the guarantees of legality predetermine the effectiveness of the administrative activities of the police, in the widest range of its implementation. The scientific novelty of the article is determined by the fact that the author has formulated a number of proposals that will make it possible to improve the quality of administrative activities of the police.

Keywords: condition, control, requirement, principle, compliance, police, law and order, coercion, legality, method

DOI: 10.7256/2454-0706.2023.11.68975

Abstract: The subject of the study is a comparative legal analysis of Russian and foreign legislation in terms of the legal nature of the civil penalty as an interim measure in order to implement positive experience in Russian law enforcement practice. The author examines in detail the legislative foundations of the civil penalty by the EU countries, the USA and England in terms of establishing a common and different legal essence, and legislative meaning in the formulation of provisions aimed at the implementation of this institution by subjects of property relations. The substitution of the security function of the civil penalty by a foreign legislator, its "sanction" essence, is noted, however, along with this, the unconditional observance by the US courts of the freedom of expression of the parties to the contract in terms of determining the rules for the application of the penalty is seen as a positive experience. The author believes that such an approach can be copied in Russia, where the courts take a slightly different position, reducing the penalty on the debtor's application in the vast majority of cases. The paper uses a comparative legal analysis of foreign practice of civil penalty regulation in order to formulate conclusions regarding the subject of the study. Through the application of this methodology, it was found that, in foreign countries, unlike Russia, a civil penalty is applied as a measure of civil liability, and not a security one, which does not affect the positive practice of its application. The main conclusions of the study, along with the definition of similarities and differences in the application of the civil penalty by Russian and foreign legislators, are: the predominance of the security function of the Russian model of penalty, stimulating contractual discipline of participants in property relations; a "rational" approach to establishing the right of the parties to reduce the size of the penalty, ensuring a balance of interests of the parties; determining the possible copying of positive American experience in terms of unconditional compliance with the freedom of expression of contractual regulation of the civil penalty by entrepreneurs by fixing in the Civil Code of the Russian Federation a written confirmation of the creditor's right to recover the penalty in case of delay of the obligation or its improper performance and acceptance of such performance by the creditor. Such a rule makes it possible to strengthen the security function of the penalty and act as a way to protect the interests of the creditor in the event of improper (defective) performance of the obligation by the debtor.

Keywords: freedom of contract, creditor rights, judicial discretion, downsizing, foreign practice, measures of responsibility, securing obligations, proportionality, penalty, arbitrage practice

DOI: 10.7256/2454-0706.2023.4.40646

Abstract: The subject of the research in this article is the legal regulation of the bankruptcy procedure of the liquidated debtor. The purpose of the study is to analyze the peculiarities of legal regulation of bankruptcy of legal entities from the point of view of general and specific patterns of legal regulation and requirements imposed on it, to identify problems in legal regulation that create conditions for illegal actions in the bankruptcy of legal entities, including the recognition of a fully solvent debtor as bankrupt. During the study, the analysis of the legal regulation of public relations in the field of insolvency (bankruptcy) was carried out by setting control questions concerning the degree of certainty of elements of these relations, as well as by determining the main types of risks arising in the regulation of these relations. During the study, it was found that the legal conditions for committing illegal actions in bankruptcy are, in particular, the availability of simplified bankruptcy procedures, in particular the bankruptcy of the liquidated debtor, which allows in some cases, in the presence of unfair actions on the part of the management of these legal entities and (or) persons affiliated with this management, to carry out illegal actions. A number of measures are proposed to improve the current legislation in the field of bankruptcy of a liquidated debtor, aimed at both protecting the interests of the debtor and protecting the interests of the creditor, including such as the introduction of mandatory monitoring procedures and mandatory inventory during this procedure.

Keywords: business law, warning, accounts payable, accounts receivable, concealment, the legislation of the Russian Federation, simplified procedures, legal entities, illegal actions, bankruptcy

Abstract: The highest percentage of advocates among the population is in Israel. In fact, there is one advocate for each 200 people living in Israel. In this article M.M. Dorfman reviews the key definition, rules and characteristics of disciplinary procedures towards the advocates in Israel.

Abstract: The article of K.M. Belikova is devoted to topical issues of legal regulation of abuse of dominant position in the EU and the South American Common Market. Author studies the practice of the European Union, as well as of Argentina, Brazil and Peru, compares the practice, draws conclusions.

DOI: 10.7256/2454-0706.2017.12.19165

Abstract: The object of this research is the political processes in Russia. The subject of this research is the current key problems of the political process in Russia and administrational techniques for the purposes of its institutionalization. The subject is examined from not only politological and sociological perspectives, but separate attention is also given to the philosophical component of the issue. The author determines the key issues of the modern Russian political process and its trends. The research includes results from the latest academic research in the area and presents various positions of experts. The research allowed determining the key trends in current political processes in Russia, define groups of problems impeding its institutionalization and primary strategies for achieving it, as well as substantiate the choice for necessary administrational techniques.

Keywords: Russian society, Transitional societies, Political administration, Democratic transition, Administrational techniques, Governing, Political system, Civil society, Institutionalization, Political process

DOI: 10.7256/2454-0706.2019.10.30038

Abstract: The subject of this research is the system of socio-legal relations in area of ensuring road safety. The object of this research is the social relations with regards to priority areas of implementation of the Road Safety Strategy in the Russian Federation for 2018-2024. The goal lies in examination of provisions of the Strategy, its stages, policy and problems of implementation. The author examines the priority directions of the Strategy, laws and regulations that ensure implementation of its measures, organizational problems, as well as issues of legal regulation of social relations impacted by the measures of the Strategy. Statistical data underlining the relevance of the implemented measures of the Strategy is provided. The article analyzes the law enforcement practice on the subject; determines the problems of organizational and legal nature faced by law enforcement authorities in exercising the key measures of the Strategy. The research materials may be valuable for legislative and law enforcement practice, educational process, scientific works of the experts in ensuring road safety and improvement of branches of the Russian legal system. The novelty of this work is defined by practical and scientific significance of the problems of law enforcement activity in the area of ensuring road safety, as well as the need for improving legal framework regulating the authority of the parties interested in ensuring road safety and implementation of priority directions of the Strategy. In conclusion, the author describes the prospects of implementation of measures of the Strategy, indicates the problems in legal and organizational aspects of realization of the priority directions of the Strategy, which solution, in the author’s opinion, are of utmost importance.

Keywords: the condition of the vehicles, improving driver training, road accidents, reduce mortality, implementing reform, road safety, Strategy, zero indicator, the improvement of the road, changing behaviour

DOI: 10.7256/2454-0706.2016.1.52569

Abstract: The right to indemnity carries a special character, representing an exception from the constitutional principle of equality of all citizens before the court and law. The historical foundation and the need for creation of additional guarantees for elected officials justified the emergence of this right. The author makes an attempt to define the key elements of this right, and find the correlation between the right to indemnity and the adjoining notions of “immunity” and “nonprosecution”, as well as present the structure of right to indemnity and the form of its establishment in the legal text; analyze the variants of the scope of the right to indemnity that currently exists in the scientific literature and legislation. This work sheds light on such under-studied juridical category as right to indemnity. The analysis presented here can be useful for clarification of the conceptual apparatus of the constitutional law and theory of law, as well as for the purposes of improving the legislation on responsibility of state officials possessing diplomatic immunity or other type of immunity as an exclusion from the general jurisdictional rules.

Keywords: Legal immunity, Official immunity, Presidential immunity, Nonprosecution, Diplomatic immunity, Equality, Right to indemnity, Legal exception, Conditions for removal of immunity, Immunity

DOI: 10.7256/2454-0706.2023.3.40452

Abstract: Subject Matter: The preservation of the environment for future generations and the achievement of other «sustainable development» goals consented by all the states within the the UN have given birth in the XXI century to the «Environmental, Social and Governance (ESG)» standards, which are increasingly used with respect to either grant financial support to business entities. However, the introduction of ESG standards is accompanied by a number of negative consequences (an increase of the regulatory burden on business etc.), which led to a movement towards the consolidation of the opposite anti-ESG standards. The article explores the anti-ESG standards principally basing on the example of legal systems of the USA States, where they are introduced into parliamentary and subordinate legislation. Methods: The research was conducted using classical general scientific and special legal methods of cognition (historical, systemic, formal, etc.) in conjunction with an interdisciplinary approach (appraisal of legal phenomena in view of economic and political factors). Novelty: The article is the first attempt in Russian legal science to analyze, systematize and evaluate the essence and significance of anti-ESG standards in foreign legislation and law enforcement practice. Conclusions: Nowadays the American federalism is facing the legal competition between «pro-ESG» and «anti-ESG» rules at the States’ level. The results of this competition is worth monitoring in Russia and other countries in order to develop their own approaches to the legal regulation of sustainable development including ESG (or anti-ESG) standards.

Keywords: greenwashing, sustainable development, USA, regulatory burden, non-financial reporting, anti-boycott laws, administrative burden, ESG, federalism, legal competition

DOI: 10.7256/2454-0706.2017.6.23172

Abstract: The subject this research is the questions of legal regulation and investment relations in BRICS member-states using the example of the Republic of South Africa, as well as key issues faced by the foreign investors in realization of various investment projects in this country. Proposed by the author comparative legal study covers certain aspects of the mechanism of admission of corporations with foreign investments to exploitation of mineral resources in South Africa, functioning of special economic zones, as well institutional structure involved in investments in this country. The scientific novelty consists in turning attention to the relevant questions of legal regulation of the investment relations in the conditions of reforms in the national investment legislation of South Africa, which became synonymous with the protectionist moods, justified by the state’s desire to overcome the Apartheid Regime, as well as preserve the country’s economic sovereignty.

Keywords: Investment arbitrage, Investment climate, Special economic zone, Investment ombudsmen, Legal guarantees of investors, Investment dispute, Bilateral investment agreement, Foreign investment, Republic of South Africa, BRICS

Abstract: Article is devoted to the problems of a good faith acquiry of the right of ownership in modern Russia. Author studies the practice on protection of the rights of a good faith buyer in Germany and principle of abstractiveness, which is developed in the German doctrine, provides the analysis of possibility of their use in Russian practice.

DOI: 10.7256/2454-0706.2013.1.51898

Abstract: The author discusses the anti-corruption expertise of legal acts at the municipal level. Then he highlights the role of examination as one of the most effective means of combating corruption, he studies the problems, which are associated with inadequate legislation on the subject, offers recommendations for improving the effectiveness of anti-corruption expertise.

Keywords: rule-making, legislation, corruption, municipal.

DOI: 10.7256/2454-0706.2023.9.40662

Abstract: The subject of the study is the legal regulation of public relations arising in the process of realization by citizens of the Russian Federation of the constitutional right to participate in public events. Over the past decade, the legislation regulating the exercise by citizens of the Russian Federation of the constitutional right guaranteed by Article 31 of the Constitution of the Russian Federation has undergone significant changes. The development of socio-political processes inevitably leads to the emergence of new forms of public events, the need for legal regulation of which is still subject to comprehension in legal science. The conducted research of certain issues of legal regulation and practice of holding public events allows us to identify possible prospects for the development of legislation on public events, as well as to make suggestions for improving its current provisions. Research methods: the study was conducted using classical general scientific and special legal methods of cognition (historical, logical, including systemic, formal-legal, hermeneutic, etc.) in combination with an interdisciplinary approach (assessment of legal phenomena through the prism of social and political factors). Of particular importance for the purposes of this study is the method of comparative jurisprudence, which allowed us to establish trends in the development of legal regulation of the procedure for holding public events in foreign countries. The novelty lies in the proposals formulated by the authors of the article to improve the provisions of Federal Law No. 54-FZ of June 19, 2004 "On Meetings, rallies, demonstrations, processions and picketing".

Keywords: citizens, forms of democracy, picketing, processions, demonstrations, meetings, rallies, counter-measures, public events, public opinion

DOI: 10.7256/2454-0706.2023.1.39019

Abstract: The relevance of the conducted research is conditioned by the absence of legislative stipulation of the procedure and criteria of evaluation of the creative contribution of co-authors in the single result of their creative activity, as well as by the inconsistency of some cited court arguments, including the impossibility to create a photograph by several authors. In fact, the legislative definition of the notion of co-authorship, given in art. 1258 of the Civil Code of Russian Federation, is not substantial and functional: it lacks the essential and distinctive features and does not reflect the essence of this phenomenon, which makes it difficult to determine the contribution of each author and to evaluate it. In this paper we explore the notion of co-authorship, both in terms of its semantic meaning and in terms of the creative process. Co-authorship is examined using the example of the creation of a photograph as an object of copyright. In fact, the subject of the study is the relationship of established co-creation in photography and exclusive rights to it. The methods of analysis, inductive and comparison with the legislation of foreign countries were used. The main attention is paid to the analysis of judicial practice in the settlement of disputes on the violation of exclusive rights to photographic images, judicial explanation concerning the co-authorship and other similar in nature relationships arising in the process of creating an intellectual creative product (photography). Conclusions are drawn on the relationship between court-established infringement of exclusive rights and the recognition of copyright, legal dualism as the relationship between exclusive and copyright in the court's recognition of co-authorship or lack thereof.

Keywords: disposition of rights, creative contribution, photography, exclusive right, author's right, author's right, collaboration, duality principle, intellectual property law, co-authorship, civil law

Abstract: The Constitution of the USSR of 1924 does not concern itself much with judicial issues, and the courts were not even recognized in it as a special kind of an independent state body. What was the role of the courts and their functions within the system of state bodies in 1920-1930s Russia? What are the specific features of constitutional review by the Supreme Court of the USSR at that time? M.A. Mityukov’s article contains answers to these and other relevant questions.

DOI: 10.7256/2454-0706.2017.12.24419

Abstract: The object of this research is the process of establishing and developing “electronic governance”, which carries an important political and socioeconomic significance for modern states. The subject of this research is the peculiarities of realization of the “e-governance” in Russia examined on the analysis of the regulatory policy of the state in this area and assessment of its results. Study of the content characteristics of the “e-governance” allowed determining the level of correspondence between the realistic indexes and goals declared by the government, as well as determining the problems and prospects of state policy in this regard. The main conclusions consist in the fact that the process of establishing “electronic governance” in Russia reflects both, global trends, as well as national specificity set by the institutional environment and priorities in national and foreign policy of the Russian Federation. This process requires centralized coordination of the normative and financial support, as well as fusion of these measures with transformations within the framework of administrational reform.

Keywords: electronic technologies, information technologies, information society, public administration, political and administrative management, e-government, informatization of state bodies, public policy, administrative reform, e-services

Abstract: In this article the author studies the perspective of joining together the systems of the Arbitrazh courts and the courts of general jurisdiction, evaluates necessity of such a reform and how such a reform would meet the demands of a modern judicial system of Russia. The author comes to a conclusion that it is not reasonable to destroy the existing system of the Arbitrazh courts. It also should be noted that the author takes a look at the system of the Arbitrazh court and the judicial reform through the “looking-glass” of the judicial reform of late XIX century Russia.

Abstract: In this article author studies the issue of ensuring the cooperation against terrorism on the international level, explores the role of the international agreements in the sphere of protecting human rights, evaluates their application.

DOI: 10.7256/2454-0706.2022.8.38687

Abstract: The object of the research of the scientific article is the basics of legal regulation of the administrative activities of Russian police, taking into account the historical and legal development of these activities. The subject of the study is the peculiarities, problems and prospects of the legal regulation of the administrative activities of the police. The purpose of this scientific article is to substantiate the specifics (in genesis) and trends of the development of the administrative activities of the national police. The author examines in detail the issues concerning the position of the legislator regarding the legal regulation of this type of police activity at the present stage, reflects the main problems in the designated area, indicates possible prospects for improvement. At the same time, the article pays attention to the legal foundations of the administrative activities of the police, taking into account the historical and legal aspect, the analysis of trends in the development of sources of law regulating this area. The methodology of the scientific article was based on a systematic approach to the analysis of the basics of legal regulation of administrative activities of the police (taking into account the genesis). The research methodology is determined by the use of such scientific methods as historical and legal (when describing the genesis of the administrative activities of the police), logical (when presenting research materials in the article, when formulating conclusions, as well as recommendations regarding the prospects for the development of the studied relations), comparative legal (when analyzing the sources of law) and others that allowed to implement the purpose of the article. As the main conclusions, it is noted that modern processes caused by globalization, new criminal threats mediated by universal digitalization, the penetration of crime into global financial conglomerates, the youth crime, all this necessitate the improvement of the administrative activities of the police. The author's special contribution is proposals to improve the effectiveness of countering cyber threats against minors and to prevent corruption. The novelty of the research lies in the author's designation of specific ways to solve the identified problems, in the regulation of new police capabilities to improve administrative activities aimed at countering certain manifestations of crime.

Keywords: administrative activities of the police, prospects for improvement, development trends, authority, police functions, historical analysis, sources of law, legal regulation, police, administrative activities

Abstract: More detailed and complicated legal regulation of market relations is aimed at intgrating the European experience into the Russian reality without violating the constitutional requirements. In such circumstances, the practice of the Arbitrazh Courts, as well as of the Constitutional Court of the Russian Federation is truly worth of studying… As the author points out, the latter court seems to be guided in its activities not only by the Constitution of the Russian Federation as such, but also by the general principle of “public interest of the state”

DOI: 10.7256/2454-0706.2017.6.23124

Abstract: The object of this research is the corruption in modern Vietnam, while the subject is the task of the country’s leading party to fight corruption. The goal of this work consists in identification of corruption as one of the pressing issues, which the Communist Party of Vietnam has to face in the difficult economic and social circumstances of the country. Special attention is given to the analysis of state of corruption and its harm to various areas of social life of the modern Vietnam, as well as examination of responsibility of the leading party pertaining to unproductive fight against corruption. The author also reviews the main causes that lead to the uncontrolled acts of corruption in all branches of government authority. Based on examination of relevancy of the problem of corruption in modern Vietnam alongside its comparison with the other regions of Southeast Asia, the conclusion is made that the creation of efficient measures aimed at combating corruption, currently is an unresolvable task for the Communist Party of Vietnam. Corruption and its consequences directly affect the reputation of the Vietnamese government in eyes of the foreign investors, manifest as a primary cause for the drop of people’s trust towards the ruling party, as well as the risk of political instability in the country.