Law and Politics - rubric Jurisprudence

Abstract: In modern Russia the problems of legal protection of historical and cultural monuments are not studied sufficiently. In particular, the legal literature fails to adequately cast light upon the unification of legal definitions and terms, which are used in normative legal acts, regulating the relations in the sphere of protection and preservation of objects of cultural heritage, import and export of objects of cultural value. Now the issue of terminological unity is quite topical, due to improvement of federal legislation (new law on culture, amendments to the law on objects of cultural heritage), as well as to complications in practice of legal application. In this study the author based on analysis of legal and scientific definitions of “cultural values”, “objects of cultural heritage” and other close terms, formulates provisions for their improvement.

Keywords: jurisprudence, law, cultural values, objects of cultural heritage, monuments of history and culture, culture, unique character, authenticity, unification, protection

Abstract: The article is devoted to the problem of legal doctrine as a source of law. The author establishes the nature and place of legal doctrine in the Russian law.

Keywords: jurisprudence, source of law, legal doctrine, legal science, legal ideology, form of law, general opinion of lawyers, legal studies, history of law, system of sources of law

Abstract: The article is devoted to the study of the legal contents of the term “innovation”. The author views the correlation of terms “novelty”, “innovation” and “introduction”, analyzes the legislative defi nitions of the term “innovation”. Then he singles out characteristic features of innovations, which are vital for legal regulation and formation of a legal model of innovative development of the society.

Keywords: jurisprudence, innovation, novelty, introduction, innovative activity, defi nition, term, law, economics, theory, elements

Abstract: The author of this article studies the problems of theoretical and practical character, regarding the correlation of legal technique and legal technology in law, their role and place in law-making, interpretation of law, and implementation of law as legal processes. The author then analyzes various approaches towards this theoretical and legal phenomenon, as well as the necessity of use of technical legal means and resources in the process of creation of legal norms.

Keywords: jurisprudence, process, technique, law, law-making, implementation of law, means, methods, skills.

Abstract: The article includes analysis of topical problems of correlation and interaction of prosecutor’s review with judicial and administrative control as guarantees of ensuring lawfulness. Analysis of these legal categories is made based both on scholarly positions and on legislation of the Russian Federation. The author then comes to a conclusion that review is only provided to prosecution.

Keywords: jurisprudence, prosecutor review, review activity, judicial control, administrative control, constitutional control, guarantees of legality, interlocutory order, regime of legality, executive power.

Abstract: Concession agreement is a novel matter for the Russian legal system. Legal scientists actively discuss the category of object of concession agreement. This article offers the author’s point of view on this category. The author then provides detailed characteristics of the object of concession agreement and its elements. In the author’s point of view the object of concession agreement is multi-faceted, and it should not be interpreted narrowly. The author bases his analysis of normative material and specialized legal literature.

Keywords: jurisprudence, concession, agreement, contract, object, civil, turnover, property, activity.

Abstract: This article is devoted to the key scientifi c points of view on advertisement and advertisement activities, the author compares legislative norms, regulating this type of activity, formulates the defi nition of advertisement.

Keywords: jurisprudence, advertisement, activity, entrepreneurial, information, advertisement producer, advertisement distributor, communication, strategy, publicity.

Abstract: The issue of personal non-property rights of authors of copyright objects is topical and it calls for scientifi c study. The article refl ects specifi c features of the implementation of personal non-property rights by the authors of employment- related objects of intellectual property.

Keywords: jurisprudence, intellectual, service, employment, non-property, author, object, inviolability, divulgation, private, patent.

Abstract: The author of this article views the issue of right to education belonging to various groups of constitutional rights. The author provides positions of various authors on this issue and then makes general conclusions. Basically, there is no unifi ed approach to this problem. The author also views this issue within the framework of new draft of the Federal Law “On Education in the Russian Federation”.

Keywords: jurisprudence, law, legislation, education, system, social, cultural, project, natural, economical.

Abstract: The article includes analysis of two approaches to the issue of administrative coercion. The author studies the issue of correlation of administrative legal coercion with the coercive measures, as provided by norms of administrative law. The author also paid much attention to defi nition of administrative coercion as a legal category and an institution of administrative law.

Keywords: jurisprudence, administrative coercion, legal covering, legal regulation, limitations of right, functional power, non-service-related subordination, inter-branch character, complexity, plurality.

Abstract: Investment relations form a modern and often-used mechanism. At the same time both in legal and economical literature the term “investment” is understood in various ways and there is no clarity as to understanding the nature of this matter. This lack of clarity shows itself in analysis of legislation on investment activities in the Russian Federation, and this, in turn, causes some difficulties in application of law. The author of this article attempts to analyze the term “investments” and its elements in order to study them in detail and formulate the definition of investments

Keywords: jurisprudence, investments, investing, objects of civil rights, property rights, exclusive rights, objects of investment activities, goals of investment, profit, useful effect

Abstract: The article is devoted to the subjective factors of differentiation of labor of seasonal workers. The author analyzes legislation on workers younger than 18 and employment of women in seasonal jobs

Keywords: jurisprudence, labor of persons employed in seasonal jobs, factors of differentiation of labor of workers, persons employed in seasonal jobs, protection of labor, safety of labor, harmful and dangerous production factors, limitations of work in seasonal j

Abstract: This article includes analysis of the norms of the current legislation, which regulate the mechanism of conclusion and enforcement of the contract for provision of medical services, as concluded by the subjects of private medical practice. Based on the analysis the author establishes a number of legal problems in the sphere of studies and the author offers the ways to solve them

Keywords: jurisprudence, medicine, service, entrepreneurship, private, contract, essential, refusal, voiding, rules

Abstract: The author establishes the need for credit support of small businesses, in order to provide them with accessible borrowed money in order to buy non-housing property. The article includes analysis of the amendments in the existing legislation, which are aimed to create an efficient legal mechanism of crediting the small businesses in such situations, as well as of the practical application of legislation in the relations between the largest bank in Russia — the Sberbank of Russia (Savings Bank of Russia) with the small businesses borrowing money from it

Keywords: jurisprudence, entrepreneurship, small business, credit, crediting, mortgage, contract, bank, immovable property

Abstract: The article includes the results of scientific and practical study of the housing and communal fees as a civil law category under the Russian legislation, since the author regards the housing law as part of the civil law of Russia. The author provides critical analysis of the views of the Russian legal scholars on definition of service, formulates his own definition, provides classification and characteristic features of such services

Keywords: jurisprudence, services, provision, legislation, modernization, energy, consumer, communal, reform, housing

Abstract: The author offers to view customs and tariffs regulation as a combination of measures, which are meant to normatively regulate social relations, which form due to application of customs fees to goods, which are being taken over the border. Accordingly to these measures, there’s a set of legal means, which are norms of law, enshrined in normative legal acts, as issued by competent bodies. Such an approach allows to see three levels in such regulation, that is national, international (conventional and institutional) and supranational institutions (integrated organizations)

Keywords: jurisprudence, customs, fees, tariffs, regulation, methods, sources, national, integration, supranational

Abstract: The author analyzes the key directions, which are followed by the modern science in the sphere of development of theory of legal means. The author establishes the key approaches of the modern sciences towards the theory of legal means. The author establishes the key approaches to interpretation of this term in legal science, characteristics, types and principles of legal means, separates legal means from the means of legal regulation

Keywords: jurisprudence, means, regulation, mechanism, allowing, obliging, prohibition, establishing, deed, principles

Abstract: The author attempts to provide complex study of the issue of correlation of the shared construction contracts with related sale contract, contract for simple partnership, construction contract. Based on this study the author provides some theoretical ideas on the legal nature of the shared construction contracts and correlation of above-mentioned contracts

Keywords: jurisprudence, contract, construction contract, shared, participation, related, construction, analysis, correlation, partnership

Abstract: Having included into Art. 130 of the Civil Code of the Russian Federation non-completed construction objects are included into the list of objects of immovable property, however, they are not recognized as buildings or constructions. That is why there’s a question related to correlation of these terms and the necessity to include non-completed construction objects as a separate category in the Art. 130 of the CC. The way you answer this question predefines the legal norms you choose, when regulating the legal relations regarding non-completed construction objects

Keywords: jurisprudence, buildings, constructions, definition, correlation, separation, purpose, exploitation, regulation, objects

Abstract: The article includes brief comparative analysis of the institutions of subrogation and regress, since, while being differentiated by the legislator, these institutions correlate and arise topical issues among both the courts and the insurance companies. Evaluation of key theoretical and practical problems of application of these institutions allows to cast light on their differences and similarities and to deal with gaps in varying opinions. Much attention is paid to the institution of subrogation, due to its popularity in the sphere of insurance

Keywords: jurisprudence, law, subrogation, regress, insurance, insurer, insurant, regresser, regressant, subrogator, subrogant

Abstract: This article includes basic elements of criminal science characteristics of cattle theft: object of criminal encroachment, typical forms and methods of committing such crimes, the surroundings of such crimes, data on personalities of typical criminals. The author states, that criminal science characteristics are key to uncovering and investigating any type of crime, including this type. Using them, the investigators have a chance to establish and control all the relevant versions. Keywords: jurisprudence, cattle, investigation, theft, criminal science, characteristics, area, exposure of a crime, causes, prevention

Abstract: This article is devoted to the principles of legal politics of the modern Russian state in the sphere of economics. The authors provide their concept of this policy, which may serve as an ideological basis for the economical function of the modern Russian state. The authors also establish the need for the legislative provision for the principles of modern economical policy in a specific law. Keywords: jurisprudence, economics, politics, function, principles, state, competition, market, entrepreneur

Abstract: The author evaluates the issues of municipal election law, which forms the basis for the representative democracy at the municipal level. The author analyzes the specific features of municipal election law, peculiarities of object of regulation, form, contents. The author also evaluates the issue of place and role of municipal election law within the election system of the Russian Federation. Keywords: jurisprudence, municipal, election, law, peculiarities, elections, institution, local, self-government

Abstract: In this article the author attempted to study the correlation of the terms “legal conscience” and “justice”, to establish their correlation, to find out what is the influence of legal conscience on administering justice and image of judiciary in the society, as well as to establish the causes of attitude of people towards judges and courts. Keywords: jurisprudence, legal conscience, judicial system, judiciary, legal culture, power, society, legal conscience, judge

Abstract: The article is devoted to the definitions of search and investigation activities taking into account the modern state of criminal process and criminal science. The author studies contents, goal, objects of search and investigation activities. Keywords: jurisprudence, investigator, search, investigation, activity, measures, objects, persons

Abstract: The article is devoted to the key moments of development of the institution of the joint responsibility from the Roman law to the current Civil Code of the Russian Federation. The author studies both the Soviet and the Roman doctrines. Much attention is paid to the joint responsibility and classic responsibility issues, including so-called “correrial” obligations. Keywords: jurisprudence, joint responsibility, correrial obligations, responsibility, Soviet doctrine, legislation, creditor, debtor, obligation, deal

Abstract: The article is devoted to topical scientific issues of qualification of accomplice activities. The author provides his view on role of accomplice in the group crimes with a special subject. Keywords: jurisprudence, group, complicity, subject, violence, organizer, accomplice, stage, group, prompter

Abstract: The article establishes the problem of legal nature of mechanism of management of the national bank system of the state in the framework of globalization. The author studies the key groups of factors, which influence the development of national banking systems from the point of view of greater and greater introduction of internationally accepted legal standards for economic regulation into the national legal systems. The author then comes to a conclusion that the functioning of the national banking system of the state is directly related to realization of the key principles of economic freedom and social justice, implementation of human rights and freedoms. The author establishes the role of the Basic Law of the state and constitutional legal norms as instruments of harmonization of the approaches to regulation of banking, which go beyond the national level, and studies the national legal traditions in this sphere. At the end, the author establishes the opinion on the mechanism of management of the national banking system in the conditions of globalization. Keywords: banking system, legal nature, mechanism of management, constitutional economics, globalization, economical sovereignty, social justice, international cooperation, banking activity, currency and financial regulation

Abstract: The article is devoted to the basic views of legal scientists on the “election process” and the shortcomings of the existing definitions. The author singles out the main approaches to the scientific definition of “election process”. The author also establishes the general characteristics of this process as a legal category and their reflection in the election process. That is, the author views election process as one of the forms of legal process (to take the issue broadly). The author also includes his own definition of “election process”. Keywords: jurisprudence, election, process, elections, democracy, institution, features, nature, law, electorate

Abstract: The issues of legal nature of joint liability are still topical, in spite of its ancient Roman roots. This article is devoted to its legal aspects, from the pints of view of legislator, including bases for its formation, cessation, difference between joint liability from fractional and subsidiary ones. Keywords: jurisprudence, joint liability, creditor, debtor, fractional liability, judicial practice, contract, obligation, amount of requirements

Abstract: The article is devoted to analysis of often used term “legal policy of the state” through the prism of “functional system of legal policy”, which includes the legal policy of the state and other elements. This approach allows to view the legal policy of the state not only as a scientific term, but within the context of factors, which influence the state and organized society, its goals, functions and perspectives of development. Keywords: jurisprudence, legal system, politics, factors, functional, problems, elements, law-making, state

Abstract: In spite of much attention of international legal scholars to the institution of international legal recognition, the criteria for recognition remain the point of many disputes. As for the criteria themselves, there’s a variety of doctrinal opinions on criteria for the subject, which provides recognition. Analysis of legal articles and publications on this issue allows to form some classifications on various bases. Keywords: jurisprudence, criterion, recognition, international, law, state, government, subject, destinator, efficiency

Abstract: In this article the author establishes the nature of simplified procedure in the civil process. The author also studies the points of view of authors, who study simplified procedure, analyzes the characteristic features, which are of importance for the simplified procedure. Keywords: jurisprudence, procedure, simplified, speedier, shortened, summary, form, private, special, in absentia

Abstract: This article by E.V. Smakhtin is devoted to methodology of criminal science studies. As the author points out, intuition as a method of cognition is often used in practical criminal science while dealing with particular cases. Based on the above-mentioned, the author provides the definition of methodology of criminal science. Keywords: jurisprudence, criminal science, method, cognition, methodology, knowledge, dialectic, intuition, flash of intuition

Abstract: The article includes analysis of key classifications of contracts in the modern electric energy market of the Russian Federation. Based on theoretical principles of grouping, the author studies the norm-forming characteristics. Based on the analysis the author offers the basis for the classification of contracts in the energy market. Keywords: jurisprudence, law, contract, classification, electric energy, system, norm-forming element, criterion, natural monopoly, potentially competitive

Abstract: In this article the author analyses and compares of principle of good faith, presumption of good faith, abuse of law. In spite of the tendency to broader use of these terms, their nature needs clarification, taking into account history and practice of their application. Keywords: jurisprudence, good faith, principle of abuse, civil, obligation, performance, fides, subjective, objective

Abstract: In this article, based upon the general theoretical definition of the subjective law and obligation, the author characterizes the relations of legal responsibility, names key obligations and duties of its subjects in both positive and negative aspects of legal responsibility. Keywords: jurisprudence, legal responsibility, legal relation, legal responsibility relation, subject, legal obligation, content of legal relation, lawful behavior, violation.

Abstract: The article is devoted to the issues of definition and nature of the institution of protection of rights of military personnel. From the standpoint of protection human rights in the Armed Forces of the Russian Federation, the author establishes the key features of this institution, studies the problem of limitations to military personnel rights, evaluates place and role of this institution within the system of Russian law. Keywords: jurisprudence, theory of law, human rights, military personnel, institutions of law, Armed Forces of the Russian Federation, protection of rights, legal status of a person, branches of law

Abstract: The article is devoted to legal nature of the energy supply contract and its place within the system of civil law contact. Within the framework of new legislation, which regulates the relationships of the participants of the market, the electric supply contract retained its value. However, the legal structure of electric supply relations changed considerably. Keywords: jurisprudence, contract, energy supply, system, electric energy, sale, wholesale, retail, market, reform

Abstract: The issue of definition of offence in the sphere of labor is rather topical, since there’s no legal definition of it. The article includes comparative analysis of various approaches to the understanding of offence in the sphere of labor relations. The author also studies the existing classifications in the sphere of labor activities. Keywords: jurisprudence, offence, responsibility, labor, discipline, legal relation, classification, activity, employer, employee

Abstract: In order to form the method of uncovering and investigation of crimes in the sphere of illegal turnover of precious metals and stones, one needs to study and define legal position of these values in the state. The criminal law establishes what crimes should be punished, but the provisions on legal activities with precious metals and natural precious stones is defined by norms of other spheres of law. Keywords: jurisprudence, criminal science, legal regulation, precious stones, precious metals, methods of investigation of crimes, uncovering the crimes, crimes, preliminary investigation, turnover of precious metals and stones

Abstract: The article is devoted to the topical issue of establishing the reasonable limits when establishing payment for the services of representative (advocate) in civil and arbitration (commercial) proceedings. Sometimes the judges use unlimited judicial discretion, when they establish the reasonable amount of compensation. The author offers a list of criteria for reasonable size of compensation, including factual loss of time. Keywords: representative, trustor, compensation for legal assistance, payment for the representative’s services, claming the costs, reasonable costs, complicated case, practice of payment, amount of time spent, economical spending, list of criteria for the evaluation

Abstract: The article is devoted to theoretical and practical aspects of regulation of non-residential premises. The author analyses provisions of the Civil Code and the Housing Code of the Russian Federation, other normative legal acts, positions of renowned legal scholars, and provides a definition of non-residential premises. Keywords: jurisprudence, law, premises, non-residential, characteristic features, immovable property, isolation, purpose, suitability for the purpose

Abstract: Formation of the institution of marriage contract is recognized by most researches as a normal stage of development of law and contract relations. In spite of various forecasts for the future development of this institution, the right of spouses to conclude such a contract is recognized. While many publications are devoted to spousal contracts in the Russian Federation, the issue itself remains topical, and the lack of unified theoretical position makes resolution of particular disputes in practice rather complicated. This article is devoted to key theoretical issues, which remain unsolved, and practical application of spousal contracts. Keywords: jurisprudence, spousal contract, legal regulation, conclusion, voidance, temporal scope, subjects, contents of spousal contracts, regimes of property, personal non-property rights

Abstract: In spite of the key value of the term “subject of law” for all of the branches of law, it still is a rather little-studied sphere in the theory of law and hardly the best-regulated part of jurisprudence. This article evaluates this category within the general legal framework. Keywords: subject, law, category, branch of law, jurisprudence, science

Abstract: In this article there’s an attempt to provide a general definition and theoretical legal analysis of the subjects of election law, which is at the stage of its separation from the constitutional law into the separate branch of law. Keywords: election law, subject of law, reform, constitutional law, legal analysis

Abstract: The history of development of state and its features allows to say that while previously the state was concentrated on “power functions”, related to ensuring public order and security, with development of economy the state provides public services to the people, as well as enforces public functions. Thus one can see the procedure of transformation of the power state into the state as supplier of the public services …

Abstract: The term “banking activity” is relevant to several branches of law, and not only to banking law. In this article the author attempts to give a complex evaluation to the definition and content of banking activities in jurisprudence.

Abstract: As the author of this article points out, the category of “tax obligation” is widely applied in the tax legislation of the CIS states. The issue of correlation between tax obligation and tax dues is reviewed in this article with the help of comparative analysis of the positions of the leading scholars of Russia and Kazakhstan, provisions of Russian and Kazakh legislation.

Abstract: Prohibitions are necessary within the mechanism of administrative legal regulation due to need to ensure law and order, as well as security of individuals, society, and the state as a whole. The sphere of administrative legal regulation is broad, and the variety of prohibitions is accordingly vast. This article is devoted to the basic aspects and problems of definition and nature of administrative prohibitions.

Abstract: This article is devoted to the study of types of functions of the labor law in their correlation with the goals of the Labor Code of the Russian Federation. The author studies each of the functions. The topicality of the study is due to the need to find the new approaches in order to provide adequate protection to the employee as a more vulnerable party to the labor relations.

Abstract: Codification is a rather specific form of systematization of legislation. If one talks about the legislation of the constituent subjects of the Russian Federation, one may only talk of the special codification, due to the restrictions, as imposed by the Constitution of the Russian Federation. This article by N.M. Sologub provides the analysis of experience of a number of constituent subjects of the Russian Federation, and studies the current problems, based on a number of examples.

Abstract: There’s no universally accepted definition of statehood both in theory and legal practice, and the issue of objective elements of statehood of the constituents of the federation is resolved in various ways. This article by V.N.Korzennikova is devoted to specific features of elements of statehood in various constituents of the Russian Federation.

Abstract: Every lawyer, who starts a practical comparative study, needs to master the methodology of the comparative legal studies. What should be compared? How should one compare? It is not easy to find answers to these questions. That is why while the entire post-Soviet legal sciences is being reborn it is especially important to understand the place and role of comparative legal studies within the framework of scientific and educational approach to law with due respect taken to the new scientific paradigms.

Abstract: The Soviet legal studies tended to center upon the solution of the general methodological problem of how law may influence the economic relations, if the latter are material and do not depend on will of the people. Currently we interpret the goals of our research more broadly…

Abstract: The reevaluation of well-known historical and theoretical problems gains new meaning within the framework of development and modernization of the Russian law. One of relevant terms is the definition of the legal system, since its principles of development predefine both law-making and application of law.

Abstract: This article includes analysis of the views of the famous Russian lawyer M.M. Kovalevsky on basic forms of law and political power.

Abstract: Current comparative legal studies are mostly directed at practice.. This article is devoted to use of comparative legal studies in law-making.

Abstract: While the problem of security have always been topical, it now has new edges to it. This article is devoted to legal security.

Abstract: As the author of this article points, out the term “public law” currently has many meanings, and this peculiarity is reflected on the results of the scientific studies in this sphere, and there’s an obvious lack of unity among the legal scholars on this issue. However, in this case the matter is one term with many meanings, rather than competing definitions.

Abstract: This article by D.A. Lipinsky is devoted to topical aspects of the correlation of positive legal responsibility and incentive sanctions, examples of acts of application of responsibility are studied, the reflection of this correlation in legal facts.

Abstract: Traditionally, the presumption of innocence is classified as a special industry presumption related to the criminal process. Indeed, it is a fundamental principle of criminal justice. But the ethical aspect of this principle has a broader meaning. The humanistic content of the presumption of innocence makes it possible to recognize it as a general legal presumption. Therefore, it is legitimate to extend it to all branches of law, where proof of guilt in the commission of an offense is decisive.

Abstract: The article by Mai Van Thang examines the general theoretical aspects of the concept of the legal system, its reflection in Russian and foreign legal theory, special attention is also paid to the specifics of the legal system of Vietnam, which is currently undergoing a number of reforms. As the author of the article notes, an important feature of the legal system of Vietnam should be considered that the communist ideology acts as its dominant legal ideology…

Abstract: The modern theory of Russian constitutional law currently faces the goal of conceptual development of the position of the Constitution of the Russian Federation within the state’s legal system. In the absence of such a concept, explaining the application of the Constitution, it is rather complicated to correctly form the relationship between the Constitution and other legal acts. Morever, such a concept should be aimed to fight various violations and deviances from the constitutional provisions at the federal level, at the level of the subjects of the Russian federation, and, finally, at the municipal level. The general theory of law includes an axiom on normative unity of normative legal act and its interpretation acts. Some signs of such unity can be found in the practice of the Constitutional Court of the Russian Federation.

Abstract: What is the time of appearance of legal responsibility as a social thing? Most scientists used to respond that responsibility as a social issue and as a mean of social regulation appears at the same time when the very society of humans is formed. This journal presents Part 1 of the complex study of the genesis of legal responsibility, conducted by R.L. Khachaturov. The article includes detailed analysis of legal responsibility in cultures of different peoples, correlation of custom and law, revenge, criminal responsibility and capital punishment, many examples are given. For example, in a village of Gadar in the Russian Caucausus a feud, which started because of the fight over a chicken lasted for more than 200 years (!).

Abstract: The issue of understanding of the role and value of prohibition of abuse of right in the sphere of legal regulation of relations among the people have always caused much discussion and the opinions on this issue vary greatly. For example, it is often offered to see this provision as a regular prohibiting norm, a limit to execution of a subjective right, a principle within a branch of law. At the same time, in the author’s opinion it is more appropriate to characterize the inadmissibility of abuse of right as a general legal principle…

Abstract: What is the time of appearance of legal responsibility as a social thing? Most scientists used to respond that responsibility as a social issue and as a mean of social regulation appears at the same time when the very society of humans is formed. This journal presents Part 2 of the complex study of the genesis of legal responsibility, conducted by R.L. Khachaturov. The article includes detailed analysis of legal responsibility in cultures of different peoples, correlation of custom and law, revenge, criminal responsibility and capital punishment, many examples are given. For example, in a village of Gadar in the Russian Caucausus a feud, which started because of the fight over a chicken lasted for more than 200 years (!).

Abstract: In legal science the demand for the individualization of the legal responsibility is often connected with the principle of humanity, and at times, is thought to be part of it, which leads to evasion of the principle of individualization of responsibility as such. This article contains analysis of the topical problems in this sphere.

Abstract: In the opinion of the author of this article, the modern state of legal regulation of migration procedure is badly underdeveloped and does not meet the needs of the Russian migration policy. It is quite important to form and improve goals and principles of state management in the sphere of migration processes in Russia…

Abstract: Traditionally in Russian legal literature they single out a number of means of interpretation, and while most authors recognize systematic, historical and grammar interpretation, some also recognize functional, logical and special juridical interpretation. This article by M.F. Lukyanenko is devoted to their comparative analysis.

Abstract: The offence is a particular behavior of a juridical or physical person, which contradicts the norms of law, as established by the state, and leads to social tension and conflict in the society. In theory key elements of offence are their unlawfulness, their guiltiness, the punishment, etc. This article is devoted to the study of elements of offence.

Abstract: In the author’s point of view, the term “narcotism” entered the legal sphere as a definition, however, there are many opinions on its precise contents. That is why the analysis of the various definitions is so topical.

Abstract: As the author of this article points out, the specific features of the social and political structure of Alaska as a state include absence of aboriginal reservations on the territory of the state and the constitutional provisions, reflecting social, historical and geographical peculiarities of this land. Under the Constitution the State of Alaska is divided into boroughs, which still influences the preservation of the rich cultural and national heritage of Alaska.

Abstract: This article includes the analysis of topical issues of contents, formation and cessation of the limited rights of use of other person's immovable property - servitude. The author discusses the ways of avoiding gaps in the civil legislation of the Russian Federation in this sphere, and established the needs for the more detailed regulation of relations, as established in case of servitude.

Abstract: Currently the issue of correlation of legal responsibility and the social justice is often a subject to scrutiny in mass media. The formation of civil society and jural state, establishment of basic human values call for a new look on fairness of the Russian law, as well as on the problem of fair legal responsibility of individual and citizen. This article is devoted to the evaluation of above-mentioned categories.

Abstract: In a monarchical state the succession is regularly insured by inheritance, however, there could be situations, when the succession is threatened. Historical precedents show the importance of regency in the monarchical states, and this article dwells upon the institution of regency.

Abstract: In the sphere of holding tenders the terminology varies greatly. How the above-mentioned terms correlate? Or are they synonimous? The author of this article provides his own answers to these questions.

Abstract: In the opinion of the author if this article, the institution of non-material values in the Russian legislation and practice calls for revision and legislative correction. For example, one may single out the problems of non-material values of juridical persons and individual enterpreneurs, the lack of unified definition of non-material values, etc.

Abstract: In this article the author analyzes the doctrine of “piercing the corporate veil” based on a number of judicial precedents. The author pays attention to the issue of responsibility of the mother company on the debts of the filial company, including the EU legislation level. The author also compares the definition of doctrine of “piercing the corporate veil” with the similar situation with responsibility of mother company for the filial company in Russian legislation. Keywords: jurisprudence, independent legal person, limited responsibility, piercing the corporate veil, judicial precedent, Bankruptcy Act of 1986, group of companies, fraud, lying, agency, illegal sales, responsibility of the main company

Abstract: Modern spiritual and material culture of the humanity, especially of its “civilized” part formed in a large part in the empires of the Ancient time, Middle Ages, and the New time. The great examples of art, literature and culture as a whole are mostly created at the imperial time in history of peoples. So, the spiritual and material culture of the modern humanity is in a large extent imperial heritage

Keywords: political science, empire, monarchy, culture, religion, democracy, power, civilization, state, nation

Abstract: The article is devoted to providing basis for inclusion into the scientific turnover a new term “legal thesaurus”. The author considers that introduction of a new term, which means the combination of most important legal spheres should enhance classification of their contents and cognition of algorithm of their functioning, their differentiated improvement and integrative change. The key and important elements of legal thesaurus are ideologies, as systematized strategic theories of nature and perspectives of legal development

Keywords: jurisprudence, law, thesaurus, statehood, corruption, ideocracy, politics, power, system

Abstract: The author analyzes the specific features of understanding character and nature of technical and legal norms. The author attempts to understand reasons for existing pluralism in such an understanding. The author also offers the ideas for solving the problem

Keywords: jurisprudence, law, norm, technique, regulation, pluralism, definition, theory, legal studies, education

Abstract: The article is devoted to problems of definition and structure of the conflict of laws norms in international private law. It includes analysis of key points of view on above-mentioned issues, and formulation of the alternative point of view on how the sanction of conflict of laws norm shows itself.

Keywords: jurisprudence, international, private, conflict of laws, norm, amount, relation, sanction, differentiation, desintegration

Abstract: In the present article the analysis of concept of executive power is carried out, its place in the government mechanism in the Russian Federation is investigated. Modern problems of maintenance of a principle of division of the authorities on three independent branches (legislative, executive and judicial) are considered. In work author\'s definitions of concepts of the government, executive power, judicial authority, legislative (are presented the representative power). The author develops offers on perfection of balance of the authorities at federal and regional level.

Keywords: executive power; a machinery of government; judicial authority; the legislative (representative) pow

Abstract: The article shows that the term “subject of the Federation” is incorrect to be defined as a state, since their legal characteristics are different.

Keywords: jurisprudence, subject of the Federation, constituent subject of the Federation, state power, state territory, sovereignty, sphere of competence, competence, powers, political organization

Abstract: The article includes analysis of definition and types of administrative prohibitions, their nature and correlation of various legal prohibitions among themselves, and in comparison with the administrative legal prohibitions.

Keywords: jurisprudence, prohibition, absolute prohibition, norms of administrative law, criteria, classification, regulation, administrative law, comparative prohibitions, definition

Abstract: The current article is devoted to specific features of the Russian concession models, peculiarities of the subject and other essential conditions of the concession agreement.

Keywords: jurisprudence, concession, agreement, subject, peculiarities, concession provider, obligation, right, concessioner

Abstract: The article actualizes the complex approach in the scientific study of terrorism and its consequences. Much attention is paid not only to bringing known directions of study of this phenomenon into a system, but also to the need to see terrorism as a complex and multi-faceted matter, which should allow to find more efficient means to fight terrorism as an anti-legal phenomenon.

Keywords: jurisprudence, terrorism, legal understanding, application of law, alienation, counteraction, discourse, complex, multi-level, systematization

Abstract: This article is devoted to the theoretical problems of modernization of the legal system — complicated, multi-partizan and long-term process. The author studies the category of “modernization”, as it reflects the processes, which take place in the legal system of the Russian Federation, gives the definition of modernization of legal system, explores its content, shows the role of legal ideology, as a basis for the modernization processes in the sphere of law.

Keywords: jurisprudence, modernization, pattern, legal, system, ideology, bases, process, society, formation

Abstract: This article includes an attempt to define the most topical problems of the institution of invalid marriages in the Russian family law, the author offers to amend the legislation in this sphere, namely, to broaden the list of reasons for finding a marriage invalid, introduction of other persons, who have an interest in it, into the list of those, empowered to challenge it, etc.

Keywords: jurisprudence, marriage, conditions, obstacles to marriage, invalid, disputable, nullity, consequences, sanitation of marriage, nullity of marriage

Abstract: The author analyzes elements of organized criminal groups, and criminal societies, establishes her position on the value of forensic elements in addition to criminal legal elements. The author attempts to make a transfer from the formal legal analysis of the characteristics of criminal groups to their systemic analysis.

Keywords: jurisprudence, group, crime, society, investigation, elements, systemic, solid, organized

Abstract: The article includes analysis of conditions for property trust, the author analyzes scientific opinions on nature of this legal institution, emphasizes the conclusion on the need for reception of property trust into the domestic legal system.

Keywords: jurisprudence, trust, trustee, owner, rights, property, due care, fiduciary, continuity

Abstract: This article is devoted to disciplinary responsibility of insolvency officers of members of self-regulated organizations. This article aims to give a full-scale analysis of “disciplinary responsibility” compared to insolvency officers under bankruptcy law. She offers to change the term “disciplinary responsibility” into “status responsibility”. The author offers to amend some norms on bankruptcy

Keywords: jurisprudence, legal responsibility, disciplinary responsibility, status responsibility, arbitration officer, means of disciplinary status responsibility, definition of disciplinary status offence

Abstract: This article includes analysis of nature and definition of the constitutional principle of equal rights. The author studies various doctrinal interpretations and norms of legislation, which touch upon this issue, as well as existing problems in doctrine and legislation

Keywords: jurisprudence, law, politics, constitution, equal rights, legal status, law, principles, legislation

Abstract: The issue of an object of tax offences is quite topical in the modern science of criminal law. The author draws a line between an object of criminal legal protection, as a socially important value, and the object of crime, as a social relation, which implements this socially important value. This approach allows to bring into accord the classic understanding of an object of crime as a social relation and the interpretation of objects of criminal law protection under Art. 2 of the Criminal Code of the Russian Federation. From this standpoint the author analyzes the object of tax and levies evasion by organization (Art. 199 of the CC)

Keywords: jurisprudence, object of crime, type of object of crime, group object of crime, immediate object of crime, object of criminal law protection, kind of object of crime, tax or levies evasion, economic activity, crime

Abstract: This article is devoted to establishing the meaning of qualities of object and their influence on alienation obligations. The author defines the qualities of objects, the order of execution of obligations based on classification of objects

Keywords: jurisprudence, right, object, obligation, qualities, contract, transfer of object, possession, term, implementation

Abstract: The article is devoted to the systematization of legislation as one of the types of legal processes. This article includes key forms and structural elements, as well as types of systematization of legislation, criteria of their correlation, ways to improve registration of normative legal acts.

Keywords: jurisprudence, systematization, legislation, structure, element, form, correlation, theory, law, process

Abstract: The author attempts to analyze various types of relations in the sphere of town planning activity, their formation, object, subject, matter (their correlation). As a result, the author forms a number of doctrinal conclusions and provides ideas on improvement of existing legislation.

Keywords: jurisprudence, city-planning, activity, object, matter, subject, legal relations, characteristic features, civil law, bases

Abstract: Lately the relations of various spheres of socio-humanitarian tradition (such as social studies and jurisprudence) became quite topical in the sphere of development of poly-paradigm principles of studies of socio-cultural reality. The article is devoted to some possibilities of law and social studies joining in sociology of law. The author points out the position of sociology of law within the system of sciences on society, where sociology dominates, as well as within the system of legal sciences, where socio-cultural orientation is equally important.

Keywords: jurisprudence, sociology, law, conceptualization, norms, values, legal relation, ontology, conventionalization, institution

Abstract: The article concerns the contract for the sale of goods as an independent type of sales contract, as provided by the Civil Code of the Russian Federation. Reform of electric energy industry and the entering into force of the Federal Law of July 27, 2010 N 190-FZ “On Heating Supply” changed the structure of contractual relation in the market of energy. In addition to the energy supply contract, the parties are allowed to have a contract for the sale of energy. The author analyzes the key qualifying principles of this institution of civil law, and provides its theoretical definition.

Keywords: Yurisprudentsiya, dogovor, energiya, kuplya-prodazha, energosnabzhenie, elektroenergetika, teplosnabzhenie, energeticheskoe, pravo, vid

Abstract: The article is devoted to the functions of the criminal code. Based on the general theory of law, the author points out that the category of “ function” in criminal law is one of the elements of criminal law regulation, and it shows that this category is closely related to the object, goals and method of the criminal law. The article includes criticism of the position of the scientists, who consider that criminal law does not have its own object of legal regulation. The author separates the functions and the goals of criminal law, which are separate categories, then separates the functions into the functions of criminal legal regulation and those of criminal legal influence, then analyzes each of them.

Keywords: Yurisprudentsiya, funktsii ugolovnogo prava, zadachi ugolovnogo prava, predmet ugolovnogo prava, ugolovno-pravovye otnosheniya, regulyativnye pravootnosheniya, mekhanizm ugolovno-pravovogo regulirovaniya, ugolovno-pravovoe vozdeistvie

DOI: 10.7256/2454-0706.2020.7.33072

Abstract: The subject of this article is the approaches towards legal nature of mergers and acquisitions. The goal consists in determination of the role of this phenomenon among the established within national legal system forms of organization of legal entities. Alongside the general scientific methods, the author also applies the methods of materialistic philosophy and formal logics, as well as interpretation and comparative jurisprudence. A conclusion is made that the characteristics of mergers and acquisitions exceptionally through the national forms of reorganization appears to be inadequate for determination of the role of this phenomenon. The article analyzes not only the doctrinal works, but also the provisions of foreign legislation that can be useful for the Russian Federation. Reference to the context of civil legal literature, as well as consideration of logical-philosophical, theoretical-legal and civil-legal representations allowed demonstrating an original view upon the subject in question, propose the grounds for substantiation or stipulation such construct. The main conclusion of the conducted research is the fact that the established in Russia understanding of reorganization cannot qualify for the methodological foundation for the more complete mergers and acquisitions. The analysis of foreign experience demonstrates that the common for Russia forms of reorganization can be regulated similarly to other phenomena, which has never been recognized as reorganization in Russia. The obtained results may be used in legislative and expert activity, as well as further theoretical and legal research.

Keywords: effectiveness of legal regulation, legal essence, justification of the design, legal succession, forms of reorganization, reorganization, civil law design, mergers and acquisitions, legal institution, fundamental changes

DOI: 10.7256/2454-0706.2024.3.69698

Abstract: The subject of the study is a set of approaches to the possibility of compensation for moral harm in case of violation of property rights and the approach presented in paragraph 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 15 November 2022, No. 33 "On the practice of application by courts of the norms on compensation for moral harm". The author analyses the new approach, addressing the issue of its impact on judicial practice to determine the applicability of this approach. As a methodology, the author uses comparativistics of the approaches and practice of the Supreme and Constitutional Courts of the Russian Federation until 15 November 2022 and the approach presented in paragraph 4 of the above Resolution. The main conclusions of the study are that the new approach is recognised as revolutionary compared to those previously applied. The author concludes that the new approach, despite the contradiction with the rules based on the literal interpretation of the law, is a successful combination of all the main components of the institution in question, necessary for its correct application from the point of view of the meaning and purpose of compensation for moral harm. The new approach establishes an open list of cases in which compensation is possible, but at the same time introduces a certain criterion of applicability, in order to prevent the "emasculation" of this institution as a means of defence, since the procedure for assessing the existence and degree of moral harm is subjective. And the author analyses the impact of the new approach on judicial practice, noting that this approach is not fully understood and therefore accepted by the courts, as it does not coincide with the literal interpretation of paragraph 4 of the mentioned Ruling.

Keywords: non-material harm, property damage, moral suffering, physical suffering, intangible benefits, personal non-property rights, limits of moral harm, monetary compensation, compensation for moral damage, the concept of moral harm

DOI: 10.7256/2454-0706.2018.10.17647

Abstract: The subject of this research is the concept and functions of law. The goal of this work lies in determining the levels of interaction between time and law. The author examines the two levels of such interaction – external and internal. The first establishes the nature, concept, properties and functions of law, as well as its evolution in time (traced on the example of performance of the normative legal act). The second reveals the temporal tools used in law for regulating legal relations (for example, timeframes and terms). Special attention is given to the first of the aforementioned levels of interaction between time and law. As the main research method, the author applies the dialectical method of cognition. The author is first to attempt of interdependent examination of time and law for determining the concept of law and its functions. Framework is established for further research with consideration of the determined two level of interaction – external and internal, as well as the detailed examination of such categories as legal time, stability, inconsistency, continuity, dynamism, etc.

Keywords: Continuity of law, Stability of law, Statistical function of law, Dynamic function of law, Law in time, Temporal analysis, Functions of law, Concept of law, Law, Time

DOI: 10.7256/2454-0706.2018.2.25325

Abstract: Modern researchers studying the processes in the area of legal language notice an increase in the frequency of use of professionalisms and professional legal jargon in lawmaking and law enforcement. To assess the relevance of the problem of infiltration of normative lexicon into the sphere of professional activity of the lawyers, the concepts of “term”, “professionalism” and “jargon” need to be defined when applied to legal language. In this work, the author attempts to formulate the principles of their distinction from one another, determine in which situations the official and unofficial lexicon is allowable, and find where professionalisms and professional jargon differentiate from legal and linguistic illiteracy. For these purposes, the author analyzed a number of scholarly works of linguists, and conducted a comparative analysis of several layers of legal language (terms, professionalisms, and jargons).

Keywords: ideal term, legal jargon, term system, legal language, terminology, slang, professional jargon, legal linguistics, professional dialect, legal argument

DOI: 10.7256/2454-0706.2023.1.39669

Abstract: An essential part of contemporary international civil law practice consists of matters concerning succession of multijurisdictional estates, which in turn accounts for the practical significance and relevance of the scientific study of the regulatory treatment of the respective matters. An understanding of the subject matter of conflict of laws and international civil procedure is essential to effective succession of international estates for clients who own assets in or otherwise have significant contacts with more than one jurisdiction. The primary focus of this article is to describe the approaches to resolving the most typical problems in the practice of succession of multijurisdictional estates on the basis of analysis of the legal doctrine, legislative enactments and case law of foreign jurisdictions. The author considers the approaches to solving the most typical problems of succession of multinational estates, in particular: the practical importance of the location of a testator's assets, the formal validity of testamentary dispositions, establishment of the true domicile of a person, the advantages and disadvantages of a single multijurisdictional will disposing of international property, etc. In the context of these problems the author analyses Regulation EU № 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession; Convention of 5 October 1961 on the Conflicts of Laws Relating to the Form of Testamentary Dispositions; Convention of 25 November 1973 providing a Uniform Law on the Form of an International Will.

Keywords: separate situs wills, place of habitual residence, renvoi, validity of testamentary dispositions, domicile, real estate, multijurisdictional will, multijurisdictional estate, conflict of jurisdictions, conflict of laws

DOI: 10.7256/2454-0706.2017.6.22716

Abstract: The subject of this research is the economic analysis of law, its place and role within the system of methods of juridical science. The author examines various situations existing in legal reality for determination of the potential failures, opportunities, and limitations in implementation of the method of economic analysis of law in juridical science. Particular attention is given to such aspects of the topic as the failures of economic analysis of law and its limitations. Thus, the goal of this work lies in demonstration of the failures, opportunities, and limitation of the economic analysis of law. The scientific novelty consists in determination of the failures and limitations in application of the economic analysis of law, as well as giving definition to the failures and limitations of economic analysis of law. The work also demonstrated that the implementation of economic analysis of law cannot be realized independently from other methods of juridical science, due to the fact that its application “alone” can lead to disregard of such crucial principles of law, as the principle of good faith, principle of justice, principle of humanism, etc.

Keywords: potential, Legal reality, Legal phenomenon, method, analysis, law, economics, failure, limitation, Methodology

Abstract: The problem of the” social order” still remains unsolved, since, as the author of this article points out, the current state of this social and legal category is something unheard of before in phylosophy or in jurisprudence and legal practice…

Abstract: Certification of the personnel and economical agents in the labor market is very important due to the development of globalization in economics and the migration of the workforce. One problem deserving special attention is an objective approach towards the worker’s “value”, both for the labor market, and for the economy as a whole due to intellectualization of provision of goods and services… Formation of voluntary certification systems in Russia shall certainly help to even out the salaries of workers…

Abstract: Analysis of Russian legislation shows that the Code of the Russian Federation on the Administrative Offences includes six types of mitigating circumstances, while the Criminal Code of the Russian Federation provides for ten such circumstances, and the Tax Code of the Russian Federation provides for two such cases. The list of mitigating circumstances under the administrative law provisions is not a closed one. This article contains analysis of related theory and practice.

DOI: 10.7256/2454-0706.2020.5.32851

Abstract: The subject of this research is the norms of Russian law mediating investment activity that is carried out using digital technologies, development prospects for Russian legislation, as well as theoretical constructs proposed by Russian and foreign experts in development of the category of investing using digital technologies. Special attention in the process of development of legislation is given to the principle of technological neutrality. This author employed general scientific methods of structural-functional analysis and systemic approach, which allowed verifying the acquired results of the scientific research. This work presents a comprehensive analysis of the legal relations emerging as a result of investing using digital technologies. A conclusion is made that digital technologies develop very rapidly, and thus, the legislator must describe the essential features of the mentioned phenomena and legal relations, and prescind from the current level of technology when possible.

Keywords: distributed ledger technology, investor, FinTech, investment platform, crowdfunding, legal regulation, investment activity, token, smart contract, cryptocurrency

Abstract: The ambiguity in legislative regulation and law enforcement practice on issues of unlawful abuse of law has an extremely negative effect on the quality of judicial and other law enforcement decisions, gives an already complex concept of abuse of law an even more vague, unclear character, and forces many practicing lawyers to talk about the need to abandon it as an instrument of legal regulation. Meanwhile, it would hardly be correct to draw such categorical conclusions.…

DOI: 10.7256/2454-0706.2023.12.69354

Abstract: The rapid development of digital technologies that transform objective reality by their implementation, combined with the need for the Russian state to rely mainly on internal resources (which is due to the introduction and expansion of the sanctions regime of unfriendly countries against Russia), "calls" for the search for effective mechanisms and tools capable of: 1) to ensure technological sovereignty, 2) to mobilize the digital economy, 3) to preserve the well-being of our society. One of these mechanisms may be an experimental legal regime in the field of digital innovation (hereinafter referred to as EPR), the study of the essence of which is the subject of this work. In the course of the research, the author pays special attention to: 1) consideration of the category "legal experiment"; 2) disclosure of the essence of the EPR through the study of the category "legal regime of entrepreneurial activity", including within the territories with a special regime of entrepreneurial activity; 3) consideration of the issue of ensuring the principle of legal certainty in the context of the EPR. The following methods of scientific research were used in the study: analysis, synthesis, generalization, analogy, etc.; a systematic approach, special legal and comparative legal methods were used. The main conclusions of the conducted research are: - firstly, the system of entrepreneurial legal regimes can be represented by the following triad: general, special, extraordinary; in relation to territories with a special regime of entrepreneurial activity, when it comes to a special preferential regime; - secondly, the dual legal nature of the EPR makes it possible to consider it both as one of the types of territory with a special regime of entrepreneurial activity, and as a legal experiment; - thirdly, the intermediate place of the EPR between the advanced legal regulation is determined and the postponement of legal regulation, which allows us to talk about the dynamism of legal certainty; fourth, EPR can be considered as an effective means of overcoming the effect of lagging legislation only when legality is not replaced by expediency.

Keywords: legality, preferential treatment, a legal experiment, preferences, regulatory sandboxes, special business regime, legal certainty, the legal regime of entrepreneurship, digital innovations, experimental legal regime

Abstract: As the author of this article points out, the economical analysis of law seems to have became an independent unit within the system of legal and economical sciences. The article concerns itself with various aspects of an economical approach to law, and it contains economical analysis of correlation of criminal and civil law (with examples from the US law and the laws of the European states).

Abstract: Systematization have always carried a special character in the common law states. The historic domination of casual norms over abstract norms did not provide for efficient codification, while there were certain attempts and developments, so the issue of codification have always been a touchy one. The codification includes not only statutes, but also the precedents. And for example in the UK alone there is about 800 000 precedents, with about 50 volumes of statutes. This article by I.Y. Bodganovskaya is devoted to the systematization experience in the common law states.

DOI: 10.7256/2454-0706.2020.7.33150

Abstract: The subject of this research is the concept, characteristics and interrelation of contracts in the area of air transportation. The article is dedication to understanding of legal nature and key elements of air contracts, specificity of their theoretical and practical application, classification; as well as aimed at creation of integral concept of regulatory system. Such understanding is acquired from a broad context of civil law literature and case law. Reference to the provisions of civil law doctrine allowed presenting an original view upon the subject matter, and propose recommendations on the improvement of aviation legislation. The main conclusion consists in the fact that civil law regulation of contracts in the area of air transportation is characterized by the existence of special contracts with peculiar features, which define the content of aviation legislation. With regards to each contractual construct, there emerge various question not only from the perspective of legal regulation and law enforcement (overbooking in the contract of air transportation of passengers), but also scientific approaches toward determination of the concept and nature of a particular contract (qualification of the shipping agreement as a bilateral or multilateral, legal nature of the shipping agreement for air cargo). The absence of universal understanding and interpretation of concept, contradiction of legislation, existence of legal gaps do not contribute to uniformity of aviation legislation, making it complicated for studying and application. The author also reviewed draft laws on regulation of air transportation and separate clauses thereof. Presented analysis reflects only few problematic aspects in the area of air transportation. The acquired results can be used in theoretical legal research, as well as legislative and practical activities.

Keywords: transport agreements, air charter, charter agreement, air cargo carriage, baggage air carriage, passenger air carriage, aviation carriage agreement, air carriage agreement, air legislation, air carriages

Abstract: This article concerns the history of corporations and the current state of affairs in this sphere in Russian Federation. In this article the author gives his answers to the question of which juridical persons under the Russian civil law are fit to be named corporations.

DOI: 10.7256/2454-0706.2020.3.32430

Abstract: The subject of this research is the legal regulation of franchising at the current stage of economic development. The object of this research is social relations emerging as a result of conducting business activity in the form of franchising. The present state of legal regulation of franchising in the Russian Federation is being analyzed. Special attention is paid to the aspects of regulation of this institution in the conditions of digitalization. The author examines the prospects of using smart contracts in the sphere of franchising, peculiarities of digital elements within a franchise, concept of digital franchising, and prospects of its regulation. The scientific novelty consists in examination of franchising in the conditions of digital economy from the perspective of analysis and determination of the prospect of legal regulation of this institutions. It is concluded that the improvement of regulation of franchising in the context of digital economy in the Russian Federation is possible through the following avenues: 1) simplified procedure of state registration for granting exclusive rights based on the agreement of commercial concession; establishment of alternative methods of identification of the entity who expresses statement of intention; 2) introduction of amendments to the Part 3 of the Civil Code of the Russian Federation for assigning legal status to such objects as cloud technologies and big data; 3) improvement of norms of the Article 1033 of the Civil Code of the Russian Federation to specify the admissibility of restrictive terms with regards to user activity in the Internet; 4) formulation of regulatory norms for rendering digital services,.

Keywords: regulation, internet site, computer software, exclusive right, intellectual property, digital, contract, franchising, franchise, restrictive terms

DOI: 10.7256/2454-0706.2018.3.18568

Abstract: The object of this research is the public relations emerging in the process of formation and implementation of law enforcement function of the state. The subject of this research is the theoretical methodological problems and legal grounds of law enforcement function of the state. The author meticulously reviews the main approaches towards recognition of law enforcement function of the state, provides argumentation to such recognition from the perspective of the norms of Russian language alongside the scholars’ relation to law as the positive or objective category, as well as analyzes the content of law enforcement function. The scientific novelty consists in the first attempt in Russian jurisprudence to comprehensively examine the theoretical methodological problems and legal grounds of law enforcement function of the state. The author concludes that the law enforcement function carries features that characterize it as an independent function of the state. In accordance with the standards of Russian language, it is more appropriate to call the function of the state on protection of legal norms the law enforcement function. The law enforcement function implies ensuring law and order and strengthening of lawfulness.

Keywords: Security, Protection of law, Public administration, State, Government , Lawfulness , Law and order, Law enforcement function, Function, Law

DOI: 10.7256/2454-0706.2021.11.37024

Abstract: The relevance of this article is substantiated by the absence of unified approach toward comprehension of the legal nature of public easement. Insufficient regulation of easement relations in civil legislation of the Russian Federation (easement is mentioned in just four articles of the Civil Code of the Russian Federation) entails the problems in law enforcement practice. One of such problems is the absence of universal classification of easements that would ensure unity of the mechanism for regulating easement relations, which affords grounds for amending the current Russian legislation. The attempt to systematize easements suggested by the real right reform is polemical and yet to be approved. The subject of this research on the basis of comparative legal analysis is the provisions of the types of easements and peculiarities of the implementation in the Russian and Vietnamese law. The novelty lies in carrying out a comprehensive comparative legal analysis of the types of easements in the Russian and Vietnamese law. The conclusion is made on the gap in the mechanism of regulation of easement relations in the Russian legislation. The need is substantiated for the systemic construction of easement norms in the Civil Code of the Russian Federation. The author makes recommendations for the improvement of the provisions on easement in the reform, and outlines the vector of development of this institution in the current legislation of Vietnam. The theoretical and practical value of this work gives an in-depth perspective on the civil law of the Russian Federation and Vietnam.

Keywords: property rights, restriction of property rights, quasi-public easement, features of the implementation of the easement, characteristics of the easement, types of easements, public easement, easement, reform of the easement, improvement of the easement

DOI: 10.7256/2454-0706.2022.2.37462

Abstract: In the era of digitalization, attracting attention to goods, works and services on the Internet is becoming increasingly difficult. In this regard, Internet advertising is becoming more creative, which may indicate that it should be considered as a result of intellectual activity. The author has studied in detail the signs and criteria of the protectability of advertising distributed on the Internet in order to identify the possibility of recognizing it as a result of intellectual activity. Special attention is paid by the author to the issues of copyright distribution on Internet advertising, which was created using artificial intelligence technology. As a result of the conducted research, the author analyzes and characterizes the signs and such criteria of the Internet advertising's protectability as creative character, originality and objective form in order to recognize it as a result of intellectual activity. The author draws conclusions about the need to recognize Internet advertising as works protected by copyright, if it meets the criteria of protection established by law. The author's special contribution to the research of the topic is the formulation of the definition of Internet advertising as a result of intellectual activity, and the procedure for distributing copyrights to advertising works created with the help of artificial intelligence in order to provide additional legal guarantees to the authors of such works is also proposed.

Keywords: The result of intellectual activity, Protection capacity, The Internet, Advertisement producer, Online advertising, Creative character, Information technology, Artificial intelligence, Copyright, Advertisement

DOI: 10.7256/2454-0706.2019.6.29836

Abstract: The subject of this research is the relations deriving from the currency and cross-currency interest rate swap. The goal lies in determination of the civil law nature of the indicated swap contracts. For achieving the set goal, the author examines such characteristics of the currency and cross-currency interest rate swap, as the terms of agreement, peculiarities of obligations created by an agreement, specificity of rights and responsibilities of the parties to an agreement, as well as peculiarities of conclusion of such agreements. Based on the aforementioned aspect, the author conduct the civil law qualification of the agreements, comparing them with the agreements familiar to the Civil Code of the Russian Federation. The conclusion is made that both, currency and cross-currency interest rate swap are not the independent defined or non-defined civil law agreements, but rather represent a package contract incorporating all terms of such agreements as purchase and sale, barter, and wagering. Currency swap, according to which the foreign currency is subject to be purchased with funds, includes two purchase and sale agreements; while if other foreign currency is subject to transfer for another foreign currency, it would require two barter agreements. The cross-currency interest rate swap, in addition to two purchase and sale agreements or two barter agreements, also includes a wagering agreement, according to which the parties are obligated to pay money depending on the changes in the indexes of basic asset. These conclusions serve as the scientific novelty.

Keywords: wagering contract, contract of exchange, sales contract, mixed contract, cross-currency interest rate swap, currency swap, derivatives, swap, loan agreement, obligation

DOI: 10.7256/2454-0706.2019.7.30099

Abstract: The subject of this research is the relations derived from swap agreement. The goal of this work lies in determining civil law nature of swap and its types, namely: the credit default, currency, interest rate, and cross-currency interest rate swaps. For achieving the set goal, the author examines such characteristics of swap as the terms of contract, peculiarities of obligations, and specificity of rights and responsibilities of parties of the agreement. These aspects served as the basis for civil law qualification of the agreements under consideration, realized via comparison with the familiar to civil legislation agreement structures. The conclusion is made that the credit default swap depending on the focus is either a purchase and sale agreement, or non-defined contract, or wagering contracts, or preliminary agreement, or an option for concluding a contract. Currency swap is a complex agreement that includes either two purchase and sale agreements, or two barter agreements. Interest rate swap is the wagering contract. While cross-currency interest rate swap is also a complex agreements that combines either two purchase and sale agreements or barter agreement and wagering contract. The presented conclusions meet the criteria of scientific novelty.

Keywords: credit-default swap, interest swap, cross-currency interest rate swap, currency swap, derivatives, swap, hedging, wagering contract, gambling, obligation

DOI: 10.7256/2454-0706.2020.10.33812

Abstract: The subject of this article is the trends of reflection of the problems of national security in the Russian scientific works within the framework social and humanities disciplines as a whole, and jurisprudence in particular. Research methodology is define by uniqueness of the subject matter. Analysis is conducted on the texts of thesis works defended in jurisprudence, economic, sociological, philosophical, and political sciences in the XXI century. Using the level approach, the author proposes classification of scientific works depending on the proximity of their subject to national security as the complex object of study, as well as gives a brief overview of the structure of research from the perspective of different scientific disciplines. Attention is turned to underdevelopment of cross-disciplinary relations within the framework of the universal theory of national security. The author creates a five-level model of the theory of national security that allows ranking research from the applied levels to most abstract. In the context of this model, the author examines methodological approaches towards national security that formed within the framework of different social and humanities disciplines. The conclusion is made on the leading role of political science in creating a cross-disciplinary theory of national security; however, emphasis is placed on the fields available for analysis using solely the legal scientific methodology. Considering the revealed lacuna with regards to fundamental legal research, the need for further theoretical-legal research of national security is substantiated.

Keywords: секьюритология, national security mechanism, National Security Strategy, interdisciplinary research, economic security, support of national security, threats to national security, methodology, science, jurisprudence

DOI: 10.7256/2454-0706.2021.5.35451

Abstract: The subject of this research is the principle of good faith in the Russian civil law, in versatility of its doctrinal understanding and complexity of substantive definition. The author describes the key approaches adopted in the Russian science, outlines certain flaws common to interpretation of this principle. It is noted that the usual interpretation of the principle of good faith, as a certain behavioral standard of the party to a contract, has no applicative avenue due to its natural meaninglessness and practical futility. Civil transaction requires predictability, certainty and stability, which is excluded without a uniform interpretation of the principle of good faith. Another subject of this research is the additional responsibilities that are directly related to the principle of good faith. The author indicated the problems of linear use of the formulas cited in law, since it also creates the grounds for legal uncertainty. The main conclusions are as follows: 1) Recognition of the special role of judicial system in revision, adaptation and development of the written law. This function of judiciary is implemented in the process of ordinary law enforcement under the auspices of referring to such general clauses as the principle of good faith. 2) Revision, development, or supplement of the law may cannot be done ad hoc. The court cannot introduce legal uncertainty into law enforcement. This requires special instruments in form of the strictly verifiable values, which would be the bases of law as a whole and civil law in particular. Such values are reflected in the Constitution of the Russian Federation and legal provisions of the Constitutional Court of the Russian Federation. Thus, the constitutionalization of private law is a natural process of translating socially significant values into the civil law by means of the principle of good faith.

Keywords: constitutional values, judicial lawmaking, development of law, constitutional law, principle of good faith, good faith, additional responsibilities, duty to inform, indirect effect of the Constitution, basic rights

DOI: 10.7256/2454-0706.2021.4.35527

Abstract: The successful development of tourism requires proper legal regulation. At the same time, the diversity of the types of tourism is virtually neglected by the legislator and does not receive due attention of the legal scholars. This question is being regulated fragmentary and inconsistently on the level of bylaws and legislation of the constituent entities of the Russian Federation. Occasional use of improper terminology, discrepancy in understanding of the essence of same types of tourism, disregard of their peculiarities impairs the effectiveness of state administration of tourism sector, negatively affects the quality of tourism services, and distorts the representations of Russia as a tourism friendly country. The article analyzes the grounds for classification of the types of tourism that have legal bearing: depending on the place of permanent residence of the tourist, on the purpose of tourist trips, on the way of organization of trip, on the social and age category of tourists. The conclusion is formulated that the key direction in improving sectoral tourism legislation consists in consolidation of extensive classification of the types of tourism and definition of concepts included therein in the Federal Law “On the Fundamentals of Tourism Activity”. For the purpose of unification of terminology, further development of tourism legislation, and improved quality of state administration of the tourism sector, the author proposes the original classification of tourism.

Keywords: accessible tourism, organized tours, sports tourism, ecotourism, purposes of travelling, tourism law, tourism, classification of tourism, principles of tourism regulation, legislation of the constituent entities of the Russian Federation

DOI: 10.7256/2454-0706.2018.1.18416

Abstract: This article analyzes the key trends of development of the legislation on holding companies, expounds the legal regulation of activities of companies with specific legal status expressed in their dependence on the will and interests of other legal entities. The work gives definition to the concept of subsidiaries, classification of obligations, criteria of delegation of responsibilities, analyzes the problem of legal regulation of internal relations between the parties in the holding structure, and explores questions pertaining to regulation of liability of the parent company on obligations of the subsidiary according to the laws of the Russia and France. Analysis of the Russian and French laws in regulation of civil legal liability of the parent companies on obligations of the subsidiaries demonstrates that there are differences in the concept of subsidiary and establishment of the dependent relations, control, participation of the parent company in the subsidiary, and source of regulation. The French law can be recognized as more flexible compared to Russian and more loyal in the principles of dependent relations of the companies.

Keywords: French corporate legislation, civil legal liability, joint liability, vicarious liability, corporate member liability, parent company, subsidiary, corporate veil, limited liability, Russian corporate legislation

DOI: 10.7256/2454-0706.2020.9.33913

Abstract: In view of the continuing interest of the legal community in the problem of the prohibition of contradictory behavior or in the Anglo-American tradition of law вЂ“ estoppel, the subject of this study is an attempt to determine the legal nature of the so-called norms of the Civil Code of the Russian Federation on estoppel. The topic chosen for the study becomes particularly relevant, since there is no consensus among representatives of legal science regarding the nature of estoppel; it is considered as an intersectoral principle, doctrine, institution of law, sanctions for violation of the principle of good faith, one of the manifestations of the principle of good faith, legal mechanism, etc. The author has attempted to consider estoppel from different angles: through the prism of English contract law (promissory estoppel), from the standpoint of the continental maxim "venire contra factum proprium", in relation to the principle of good faith. The research uses general scientific methods of analysis and synthesis, a systematic approach; special legal methods (comparative legal, formal legal). As a result of the conducted research, we came to the following conclusions. The so-called norms of the Civil Code of the Russian Federation on estoppel are a special case of the doctrine of consistent behavior, known to the continental legal order by the maxim "venire contra factum proprium", which acts as a manifestation of the principle of good faith. Proceeding from this, it is incorrect to designate the above norms as estoppel, because, firstly, even in the AngloвЂ“American tradition, the diversity of types of estoppel does not allow it to be considered as a universal principle, and, secondly, what is understood by estoppel in this system of law does not correspond to its Russian interpretation. In addition, being part of the Romano-Germanic legal family, the domestic legal order does not need to borrow alien legal phenomena, especially when similar legal constructions can not only be found in the depths of centuries, but also trace their evolution in the bosom of the continental legal system, to which Russia belongs.

Keywords: the inadmissibility of contradictory behavior, consistent behavior, prohibition of contradictory behavior, estoppel from the promise, the principle of good faith, estoppel, legal nature, justice, English law, the doctrine of counter-provision

Abstract: The personality of a deviant teenager can be characterized by the lower level of socialization, which, in turn, shows a problems in the three spheres of his up-bringing: his family, his school, his production. The personality of such a teenager is often under the negative influence of a street gang with anti-social preferences. The author study this problem, and, as an option, offer to use hiking tourism and the studies of local lore to help such deviant teenager to be with a different crowd and to express his better qualities…

DOI: 10.7256/2454-0706.2017.8.23838

Abstract: The subject of this research is the social relations established in the process of functioning of the mechanism of differentiation and individualization of positive legal responsibility. The author in examines differentiation as a principle of responsibility and a principle of legal policy that create grounds for implementing individualization of the legal responsibility. The author reviews various levels of differentiation of the positive legal responsibility, as well as gives particular attention to the operation of civil society institutions in the context of differentiation mechanism alongside the incentive sanctions and reward. The article analyzes the general, sectoral, and special legal statuses from the perspective of differentiation of the legal responsibility, as well as defines the impact of differentiation upon the formation of terms for individualization the positive legal responsibility. In addition, the author defines the role of the alternative sanctions within the examined mechanism. The research results demonstrate that the differentiation mechanism carries a multilevel character, as well as interrelated with the mechanism of legal regulation, legislative process, but is not reduced to them. The outcome of the mechanism of differentiation is manifested in the creation of conditions for individualization of legal responsibility, as well as the lawful behavior that is realized in general regulatory and relative legal relations. Conclusion is made on the number of elements of the mechanism of differentiation of positive legal responsibility.

Keywords: Incentive sanctions, infraction, positive responsibility, principles of responsibility, differentiation, legal responsibility, Individualization, Lawful behavior, Legal status, alternative sanctions

Abstract: Currently the legal science seems to use such terms as “protection”, “protection of a right”, “means of protection”, “institution of protection”, etc. While these terms are similar, they are not identical. At the same time some scientists seem to find no difference… This article of A.G. Besslitsyn includes analysis of various opinion, as well as introduction into his own views on the issues.

Abstract: Interpretation of the legal text as unity of its understanding and explanation by the subjects of a single social relation is a basis for the normative rule. However, the normative legal rule is not the only result of interpretation…

DOI: 10.7256/2454-0706.2017.7.22966

Abstract: In this study, the author considers a new phenomenon in the Russian legal order - the public interest law. The theoretical preconditions for the formation of the concept of the law of public interest through the prism of the convergence of private and public law are analyzed, and certain norms of civil legislation concerning the protection of public interest are given. In the course of the research, the author comes to the conclusion that the effectiveness of solving the problem of defining the public interest law should be determined by the necessity of its objective existence as such. It should be kept in mind that, on the one hand, it is necessary to create conditions for a uniform understanding of the category of "public interest", excluding its broad interpretation for the benefit of private or public law, on the other - establishing criteria, methods and mechanisms for implementing and protecting public interest by using norms of both, private law and public law. In addition, the author concludes that the concept of public interest law in its Americanized perception cannot be fully accepted in the Russian legal field, since it significantly impoverishes the idea of protecting public interest in general.

Keywords: the concept, human rights mechanism, dichotomy, public law, private law, public interest, law, interest, harmonization of interests, balance of interests

Abstract: Evaluation of information as a government resource led to information being regarded as an important object of the public law, and legal regulation by the state bodies and local municipalities, relations between the state and the people. As the author points out, the legislator himself provided the basis for such an approach…

Abstract: The term “constitutionalism” is quite important for legal studies, politology, sociology and a number of other sciences. It is one of the basic terms within the system of sciences, related to the public power, its organization and functioning. Constitutionalism is an integral term and a system-forming factor. What are its contents?

Abstract: Currently, there’s no unified opinion among the legal scholars on the sources of the enterprise law. This article is aimed to provide for the key elements and definitions of the sources of enterprise law, and it also includes comparison with the practice of the foreign states.

DOI: 10.7256/2454-0706.2013.1.51910

Abstract: The transit of Russia to the innovation path of development presupposes the need for the active participation in the social relations, as well as the means to stimulate initiatives, which may be understood as the actions aimed to achieve efficiency and stability of social production. This article introduces a new paradigm for the civil law acts and shows their role in the legal regulation of social and economic relations.

Keywords: jurisprudence, civil, fact, actions, legal, economic, individual, potential, relation, regulation.

DOI: 10.7256/2454-0706.2017.3.22168

Abstract: The subject of this article is the examination of peculiarities of the agreement on exercising the rights of parties of organizations, which consists of the internal positions defined within the framework of the Clause 4 of the Article 66.3 of the Civil Code of the Russian Federation (Part 1). This publication also reviews the opinions of the legal expert regarding the place and role of such agreement among the internal documents of organization, as well as provides the author’s perspective. In addition, the author identifies the understanding of the right to determine these positions in the context of the corresponding agreement within the corporate relations between the parties and organization. Taking into account the peculiarities of corporate relations, it is proven that the right to determine in the agreement of exercising internal positions of the rights of all involved parties of private company, represents the right to unilateral regulation of internal positions, which belongs to all parties within the framework of corporate relations between participant and the company.

Keywords: Corporation, Quasi-internal document, Organization, Decree, Internal document, Article of incorporation, Internal positions, Corporate agreement, Corporate law, Civil law

Abstract: The problem of understanding the category of "public order" continues to remain unresolved to the end, since scientific research on this topic is still being conducted. It should be noted that the formed modern image of the socio-legal category "public order" was not previously known, neither in the sciences of philosophy and jurisprudence, nor in the legal practice of the past years. The formation of this category was preceded by a long period associated with the main stages of human development, which has a special political and legal meaning.

Abstract: In the legal studies the issue of expertise in cases of illegal turnover of precious metals and stones is rarely raised, and there are no specific methodological provisions for such an expertise. As the authors of this article point out, analysis of the criminal cases on crimes related to the illegal turnover of precious metals and stones showed certain shortcomings in the judicial chemical, geological, mineralogical, physical and other types of expertise…

Abstract: The level of legality and law and order in criminal procedural legal relations is inextricably linked with the effective assessment activities of both subjects of the sphere of ensuring and observing the rule of law in criminal proceedings, as well as the quality of criminal procedural legislation, timely detection and prevention of various violations of the rule of law in criminal proceedings. A lawful, justified and fair verdict, lawful, justified and fair decisions in a criminal case can be obtained only as a result of the application of the laws of formal logic, the elimination of contradictions in evidence, well-established departmental and judicial control, and prosecutorial supervision. It is no coincidence that in recent years the theory of multidimensional evaluation spaces has been developed in the theory of law, which may well be adapted to the criminal process…

DOI: 10.7256/2454-0706.2013.1.51911

Abstract: The article is devoted to the problem of defining people’s sovereignty, and its element “that is “sovereignty” and “people”/ Much attention is paid to the study of the category “the people”, since the variety of its interpretations creates the problems with defining the contents of this term. The author studies the key forms of unity of the people: the people as a collective of citizens, people as an election corpus, people as the population, people as a subject of constitutional law and constitutional relations. The author views the dialectics of the relations between the sovereignty of the people and the human rights. Then the author comes to a conclusion that the people may be regarded as having universal political legal capacity, which is reflected in its exclusive right to self-determination, therefore sovereignty belongs not only to the state, but to the people as well.

Keywords: jurisprudence, people, people’s sovereignty, legal capacity of the people, right to self-determination, subject of constitutional legal relations, constituting power.

DOI: 10.7256/2454-0706.2013.1.51912

Abstract: The article includes comparative legal analysis of the classification groups of legal entities taking into account the existing legal norms in the Russian Federation, as well as the amendments, which shall soon be introduced into legislation. Much attention is paid to the specific features of commercial and non-commercial corporations, the author then shows the prerequisites for the singling out corporate relations in the civil law, the author also provides grounds for the changes in the legislative criteria for the classification of legal entities.

Keywords: jurisprudence, types, non-commercial organizations, corporation, proprietary rights, non-proprietary rights, membership, right for participation, goal, formation, additional rights.

Abstract: The article is devoted to the general theoretical aspects of the problem of classifi cation of state-to-state unions in both historical and modern contexts. The article includes the defi nitions of the key types of state-to-state unions. The authors also express the modern approaches to the singling out of the criteria for the unions of states via the category of integration. Then the author comes to a conclusion on the need to bring various classifi cations into one system, and to take historical and integration criteria as basic ones.

Keywords: jurisprudence, state formation, state-to-state union, union of states, state sovereignty, integration of states, quasi-state, union, protectorate, legal relations.

Abstract: The article includes analysis of the newest studies of transformations in the sphere of politics and regime in the post-Soviet states. The authors point out the key methodological approaches and theoretical models of analysis of the post-Soviet political transformation, shows the key achievements and problems of the modern political science in the studies of the dynamics of political and regime transformations in the post-Communist states.

Keywords: political science, regime, politics, post-Communism, transformation, theory, model, democracy, transitology, authoritarianism

DOI: 10.7256/2454-0706.2017.4.22376

Abstract: The subject of this article is the examination of positions of a contract on realization of the rights of members of associations regarding acquisition or alienation of shares at certain value or circumstances, as well as refraining from such alienation until arrival of certain circumstances. In addition, within the framework of this publication, the author pursues correlation between the conditions on acquisition or alienation of shares and peculiarities of the status of public and private corporations. The author determines the key goals in determination of conditions associated with acquisition or alienation of shares, as well as refraining from such alienation: 1) Resolution of corporate conflicts; ensuring of realization of corporate rights for achieving of goal of a contract and continuation of realization of action on achieving of a set goal; 2) Preservation of the “pool” of shares held by the parties of a contract for participation and voting at general meeting of shareholders.

Keywords: Alienation, Acquisition, Share, Portion, Private corporation, Public corporation, Sales agreements, Non-corporate rights , Corporate rights, Corporate agreement

Abstract: The change in the mechanism of legal regulation of the copyright law is due to the active growth of the market. After the Part 4 of the Civil Code of the Russian Federation came into force, it made a considerable input into solving the problems of regulation of copyrights. However some differences between the Russian law and the unifi ed norms are due to the need to take into account the peculiarities of the Russian legal system.

Keywords: jurisprudence, unifi cation, harmonization, norm, the EU, regulation, property, integration, globalization.

DOI: 10.7256/2454-0706.2021.9.36580

Abstract: The subject of this research is examination of the causes for the emergence of the contractual structure for the supply of goods, as well as the evolution of the development of legal regulation mechanism of the supply agreements in the Russian Empire, Soviet Union, and modern Russia. The study of the supply agreement is conducted in its relation to the purchase and sale agreement. The relevance of this research is substantiated by the importance of knowing the peculiarities of regulation of civil law framework of the supply agreement and the need for systematization of views upon the development of legal regulation mechanism of the supply agreement in different periods and political systems in Russia, thereby dividing all periods of legal regulation of the supply agreement into several stages. The author underlines the importance of comparative analysis of the purchase and sale agreement with the supply agreement throughout the entire time of their coexistence. The author systematizes the information on the development of legal regulation mechanism of the supply agreement; offers the original classification of its evolution consisting of several stages: prerevolutionary, Soviet, and modern; substantiates the formulated conclusions; analyzes the interrelation between the purchase and sale agreement and the supply agreement, as well as their role during each of the highlighted stated of evolution of the legal regulation mechanism of the supply agreement. The article also analyzes the peculiarities of the purchase and sale agreements within the framework of each period under review; determines the status of the purchase and sale agreement, and the degree of its autonomy.

Keywords: classification of supply regulation, legal regulation of delivery, supply regulation, comparative analysis, evolution of delivery, purchase and sale agreement, delivery contract, stages of delivery evolution, Soviet stage of delivery, the modern stage of delivery

DOI: 10.7256/2454-0706.2014.2.10879

DOI: 10.7256/2454-0706.2014.2.52157

Abstract: To a great extent, the purpose of this work is the desire of the author to elucidate the real correlation of control and supervisory legal work, including by analyzing the differences between them on the basis of views expressed on the said issue. As we know, the modern Russia is undergoing fundamental transformations that largely affect the functioning of the state mechanism, important elements of which are the control and supervision activities. Control and supervision bodies face new challenges on strengthening law, order and discipline; they need to increase their efficiency and optimize the activities. All the foregoing is largely determined by a complex and in-depth scientific development of the relation of control and supervisory legal activities, precisely from the general theoretical positions. When preparing the article, the author used different scientific techniques and methods of logical knowledge, such as analysis and synthesis, abstraction, modeling, systematic and structural, functional and formal-logical approaches. Special techniques are presented with concrete sociological and statistical methods, whereas scientific are presented with formal legal and comparative legal methods of law interpretation. Comprehensive theoretical and applied interdisciplinary approach to the problem necessitated the use of a system method, which accomplished the integration of theoretical abstractions and provisions in the current legislation. In terms of general theory, the methodology used in the study of control and supervisory legal activities gives the possibility, firstly, to overcome the lag in the scientific development of the aforementioned types of activities of industry sciences; secondly, to show the actual (real, existing) difference between the essence of control and supervision, and to identify the criteria (reasons) for this difference; thirdly, to offer certain recommendations (directions) in order to optimize control and supervisory activities by implementing them in legislative and law enforcement practices.

Keywords: supervisory legal activities, control legal activities, legality, law and order, control of the execution of laws, administrative authority, supervisory control differences, governance, optimization of legal regulation, the state mechanism.

DOI: 10.7256/2454-0706.2014.2.7303

DOI: 10.7256/2454-0706.2014.2.52158

Abstract: Lack of common understanding of “legal regime” definition in the theory of law creates the need for a deep and comprehensive study of this phenomenon. It has different connotations in various areas of law, and sometimes even contradictory ones. In modern Russia, lawmakers often use this term by attaching it quite a different meaning. For legal scholars, the legal regime means not only the law system, but also the Institute of Law and a set of legal tools; this confuses the logic cognition of legal phenomena. Studies of this subject mainly have branch value; they examine the content and the legal nature of the phenomena in relation to their own subject of legal regulation, without the use of elements of comparative law. According to the results of this work, the author concluded that: 1. Legal regime is a special legal regulation of specific social relations through a set of legal tools, aimed at achieving a result positive for society and the state, in certain relatively short periods of time, usually in situations that are not normal or usual. 2. Legal regimes consist of at least three basic elements; they are legal norms (institutions), legal relations arising in these conditions and acts for the implementation of legal rights and responsibilities. 3. The main feature of the legal regime is that, by definition, it is created, secured and regulated by law; it is based on the law. It is inconceivable outside the legal sphere. There are exemptions for this axiom related to multidimensionality and complexity of a number of modes, such as martial law and state of emergency. 4. Each respective legal regime has its own type and method of legal regulation.

Keywords: Jurisprudence, legal regime, Institute of Law and legal regime, a special kind of legal regulation, structure and elements of the legal regime, features, types of legal regime, discretion, methods of legal regulation, types of regimes.

DOI: 10.7256/2454-0706.2014.2.10753

DOI: 10.7256/2454-0706.2014.2.52159

Abstract: The article investigates certain legal issues of the institute of representation in the American law in cooperation with third parties. Attention is paid not only to the rather contradictory definition of representation in American legal literature, but also to the principles that allow law enforcers to ascertain the presence or absence of representation. It is noted that the legal order of American law system defines several approaches to the legal position of subjects in the representation based on the legal relationship of its elements and depending on the existing structure: principal – agent, principal – third party, agent – third person. The key to understanding relations in the representation in terms of the American concept of law is to determine the status of the principal in relation to the third party. The article describes practices and criteria of the existing concept set out in the Restatement Second & Third of Agency. The revision of legal approaches to explaining the nature of authority resulted in the emergence of another kind of authority, namely inherent authority, the concept of which was first defined in the Restatement Second of Agency. The fundamental approach of American legal science allows to speak about the unification of the various kinds of doctrinal interpretations of representation and narrowing of the scope of its use by American law enforcers. The recognition of legal relationship of representation requires the participation of two special subjects, namely principal and agent; in this case, third party is optional.

Keywords: representation, the principal, agent, authority, legal relations, agreement, parties, law enforcement, law enforcers, legal liability.

DOI: 10.7256/2454-0706.2016.2.17576

Abstract: The subject of this research is the peculiarities and regularities of the organization and acquisition of knowledge on formation of such independent vectors of legal policies as ethno- and geo- politics. This work substantiates the need for interdisciplinary scientific communications of Russian and foreign areas of humanitarian and natural-humanitarian knowledge, as well as cooperation of lawmaking and law-enforcement areas in realization of these vectors. Attention is also given to the differentiation of the levels of theoretical research that lies in the foundation of their typologization on the mega- and metatheory. The author concludes that it is important for the international legal science to study the cooperation of various (Russian and foreign) subjects of legal relations in the area of legal policy as a whole, based on the specificity of their legal systems and national legislation. A significant role in cognition of the presented general humanitarian issues belongs to synergetic jurisprudence.

DOI: 10.7256/2454-0706.2013.2.51931

Abstract: The article is devoted to the problems of definition and contents of the term “national sovereignty”. The author views the issues regarding the definition of the term “nation”, rights of subjects for self-determination, bearers of sovereignty as well as the principles of “right of nation for self-determination” and “territorial integrity of the state”. The analysis of their normative enshrinement and practical implementation allowed the author to draw the conclusion on their dialectic link. In the point of view of the author, the right of nation (when regarded as ethnic, social and political entity) to its identity, to its position as a political subject, bearer of statehood and sovereignty among other nations is its natural right.

Keywords: jurisprudence, national sovereignty, sovereignty of the people, nation, ethnos, right to self-determination, territorial integrity of the state, collective right, bearer of sovereignty.

DOI: 10.7256/2454-0706.2016.2.52596

Keywords: ethnomethodology, legal Ethnopolitics, legal marginality, legal policy, interdisciplinarity, multidisciplinary approach, synergetic jurisprudence, legal geopolitics, legal research policy, legal education policy

DOI: 10.7256/2454-0706.2013.2.51932

Abstract: This article is devoted to the study of the object in general and the object of legal procedural restrictive relations in particular. The author summarizes the approaches to addressing the subject of legal relations and its classification, and he presents his own position on the terminology and definitions of types and diversity of restrictive procedural object relations. So far in the general theory of law and legal sciences a legal object and an object of the legal relationship are not always differentiated. In this regard, on the basis of current scientific developments the author turned to the issue of procedural definition of the object of restrictive relations. With the development of the theory of government, administrative and legal procedure it became particularly evident that the current legal classification of objects suits mostly to the theory of civil legal objects and it remains incomplete. Based on this conclusion the author presented his own position on the understanding of the diversity of objects in above-mentioned relations.

Keywords: object, object relationship, but procedural object of restrictive relationships, objects, documents, legal relationship, the tangible law, procedural law, norm.

Abstract: The loan and credit relations are necessary for normal property turnover. Unlike the real contract of loan, the credit contract is consensual, that is it comes into force when the parties reach the agreement on transfer of money to the borrower. An important difference between the loan contract and the credit contract is that only bank or other licensed in the sphere of banking credit organization may lend money under credit contract.

Keywords: jurisprudence, loan, credit, creditor, loan, borrower, profit-based, specific features of subjects, percentage, counteroffer, contract.

DOI: 10.7256/2454-0706.2013.3.51942

Abstract: The article is devoted to the need to apply inter-disciplinary approach to the studies of the space policy, since the studies in this sphere require the “participation” of many sciences, which are related to space and cosmonautics, as well as classic understanding of the concept of “policy” in all of its varieties. The author analyzes works of the prominent scientist in the sphere of space and space policy, such as V.I. Vernadsky, V.N. Gushin, B.S. Sokolov, and Payson D. The author singles out certain approaches to the space policy, for example functional, comparative, sociological and political – cultural methodologies. He also notes that inter-disciplinary approach and political science analysis have great perspectives in the sphere of studying the space policy.

Keywords: political science, space policy, inter-disciplinary approach, political science approach, methodological approach, political science paradigm, international relations, relations among the states, geopolitical schools, space activity.

DOI: 10.7256/2454-0706.2013.3.51943

Abstract: The article includes analysis of the problem of understanding the principle of personal security and inviolability. The author pays attention to its contents, elements, their relations and the difference between personal security and inviolability and the protection of private life. The author also studies the views of scientists on the nature of these principles. In the opinion of the author, inviolability of private life is part of a more general principle of personal security and inviolability.

Keywords: jurisprudence, law, person, inviolability, freedom, private, interference, Constitution, honor, dignity.

DOI: 10.7256/2454-0706.2014.3.11013

DOI: 10.7256/2454-0706.2014.3.52172

Abstract: In this article the author provides comparative legal analysis of the specific features for conclusion and performance under the bank deposit contract for the natural persons in the Russian Federation. The author names specific features, characterizing the procedure for its conclusion and performance, and the qualities differing it from a analogous contract concluded b the credit organizations with the legal entities. The author reveals the legal nature of the bank deposit contract with natural persons. Additionally, the author substantiates the distinction between the terms of “deposit” and “account”. In the process of his studies the author used general scientific research methods, as well as private law methods: comparative legal method, formal legal method, systemic structural analysis, etc. In the final part of the article, the author proposes the measures for the improvement of functioning of credit organizations, and guaranteeing the protection of rights and lawful interests of depositors. The author expresses a proposal for legislative specification of the period for the bank to pay the deposit to the depositor upon his first demand. Additionally, the author offers to introduce a new type of term time deposit, providing for a prohibition for preliminary withdrawal of a deposit or providing for the payment of the deposit after a certain period of time after the depositor files a demand on a return of deposit.

Keywords: bank deposit, deposit, bank, credit organizations, natural persons, time term deposit, to be called for, types of deposits, return of deposit, insurance.

DOI: 10.7256/2454-0706.2014.3.11198

DOI: 10.7256/2454-0706.2014.3.52173

Abstract: The topicality of the study of a general theoretical category of procedural form of supervision is due to the need for the further scientific studies of the theory of procedural form of legal activities, as well as, to the fact that the modern stage of development of our society requires the procedural regulation of various spheres (forms) of state activities. The novelty of the topic in question is expressed by the very way the problem is stated and its theoretical value, as well as in its practical dimension. The main goal of the study is to attempt general theoretical analysis of the procedural form of supervisory activities of the state bodies in the modern conditions. Following this purpose, the author attempts to solve the following problems: he evaluates the requirements to the procedural form in general and the supervisory form in particular, singling out specific features and principles of the procedural form of supervision, allowing for deeper and more complex study of its nature. When preparing this article the author used various general scientific techniques and means of logical cognition: analysis and synthesis, abstraction, modeling, systemic structural, functional and formal logical approaches. The private law methods are represented by the formal legal analysis, comparative legal analysis, and the method of interpretation of legal norms. As a result of the studies, the author draws certain conclusions and makes certain propositions. In particular, he makes a conclusion that a procedural form should organize supervisory activity in such a way, so the latter would provide the guarantees of attainment of the purposes provided for by the law, it should contain guarantees for the efficient supervision. At the same time, the supervisory procedural form allows for forming a sustainable, reliable normatively defined procedural regime for the efficient resolution of legal cases in order to guarantee legal order and lawfulness.

Keywords: legal process, legal regime, procedural form, supervision, requirements, principles, supervisory process, legal case, state activity, procedural regime.

DOI: 10.7256/2454-0706.2015.3.7620

Abstract: This article discusses the features of municipal formation: the territory; charter; competence, including the right to introduce their own legal acts, including regulations, as well as the right to impose taxes, in accordance with the law; municipal property; budget; administrative center; name; official symbols. The author considers a controversial opinion, according to which the local governments are a feature of municipal formation, as the municipality may be considered as the structure of these branches of government.

Keywords: legal acts of municipality, competence of municipal formation, bylaws of municipal formation, territory of municipal formation, municipal formation, jurisprudence, taxes of municipal formation, municipal property, local budget, municipal administrative center

DOI: 10.7256/2454-0706.2015.3.52392

DOI: 10.7256/2454-0706.2013.4.51965

Abstract: Study of the processes of the evolution of legal thought on positive legal responsibility into the approach, which viewed legal responsibility as a comprehensive legal institution, including such structural elements as statute (united), voluntary (positive) and coercive (negative) forms of implementation of legal responsibility has allowed the author to establish the method, which allows to bring the above-mentioned structural elements to the orderly interaction.

Keywords: jurisprudence, legal, responsibility, positive, negative, functional, method, system, interaction, result.

DOI: 10.7256/2454-0706.2014.4.11452

DOI: 10.7256/2454-0706.2014.4.52188

Abstract: The phenomenon of convergence of private and public law systems is quite graphically manifested in the construction of unfair competition, and its theoretical cognition is possible only once its place within the system of legal facts of civil law is established. It follows from the scientifically provided elements of relevant acts and definitions of unfair competition that understanding of unfair competition as a legal fact is non-uniform, and it provides for a number of statements: 1) unfair competition is abuse of a subjective right; 2) unfair competition is an offence; 3) unfair competition is a manifestation of legal liability. Unfair competition acts as legal facts of civil law serve as a type of non-permitted acts, namely, offences, and the construction of abuse of right by an economic subject holds a special place within this structure. Establishing the place of acts of unfair competition within the system of legal facts of civil law is of significant practical importance, since it allows to establish whether the general regulatory norms should apply to this construction, and to define the contents of such norms. The materials provided in this article allow to establish the place of acts of unfair competition within the system of legal cats of civil law as a type of non-permitted activities, namely, offences, especially for the abuse of right by an economic subject.

Keywords: Unfair competition, legal acts, legal regulation, consumers, legal liability, economic subjects, offence, abuse of right, subjective right, legal fact.

DOI: 10.7256/2454-0706.2013.4.51966

Abstract: The author views the definition of property complex, as well as the key types of property complexes, such as enterprise, linear object, engineering and manufacturing complex. The article includes an attempt to recognize the pipe transportation objects as immovable property and part of engineering and manufacturing complex in particular. The relevant branches of legislation and the legislative practice recognize pipe transportation objects as immovable property. In addition to their connection with the land, they may be regarded as immovable property due to their high value if compared with other types of transportation.

Keywords: jurisprudence, immovable property, complex, enterprise, linear object, production, technology, pipe transportation, transport.

DOI: 10.7256/2454-0706.2015.4.14776

Abstract: The subject of this research is the issue of forming a conceptual and terminological system within the sphere of safe handling of computer information within the criminal law aspect. Research is conducted on such concepts as cybernetics, information space, computer crime, cybercrime, information-technology terrorist act, information threat, information attack, etc. The author examines the examples of use of similar terminology within the foreign criminal legislation. Propositions are made on borrowing certain terminology from the foreign legislation and adopting it into the Russian criminal law. The main conclusion of the conducted research is the fact that improving terminology and conceptual apparatus within the system of national security would contribute to the development of its normative-legal functionality, as well as improving the criminal legislation of the Russian Federation within this sphere, which would in turn help prevent information warfare and information terrorism.

Keywords: information warfare, information terrorism, information crime , information threat, information space, information security, hacker, computer virus, criminal responsibility, cybersphere

DOI: 10.7256/2454-0706.2015.4.52411

Keywords: information warfare, information terrorism, information crime, information threat, information space, information security, hacker, computer virus, criminal responsibility, cybersphere

DOI: 10.7256/2454-0706.2016.5.14938

Abstract: This article examines the category of “national interests” from the position of determination of the place of the latter within the framework of other categories and notions that are often similar in content. The author gives attention to the content of the notion “national interests”, which is greatly influenced by the perceptions on the correlation between objective and subjective factors in formation and realization of interests. Analysis is conducted on the link between “national interests”, state interests, public interests, and interests of ethnic community. It is noted that the term “national interests” is used in the context of definition of national security. The author therefore presents and explores various interpretations and points of view. As a result of the conducted research, the author concludes that “national interests” “per se” have a common public nature with the state, public, private, or ethnic interests, but unlike the latter, they hierarchically hold a higher position. Moreover, the “national interests”, having the larger scale of a mechanism of protection, need to be concretized.

Keywords: Nation, Ethnic interests, State, Civil society, Community interests, Social interests, Public interests , National security, State interests, National interests

DOI: 10.7256/2454-0706.2016.5.52641

Keywords: Nation, Ethnic interests, State, Civil society, Community interests, Social interests, Public interests, National security, State interests, National interests

DOI: 10.7256/2454-0706.2013.5.51983

Abstract: The article is devoted to the most topical problems of the science of administrative law, as well as the practice of implementation of law in the spheres of state administration, economics, finances. The article includes a brief description of a problem in various spheres of administrative legal activities, and the author makes a number of conclusions, provides the most authoritative points of view on this problem, as well as his own position.

Keywords: jurisprudence, problem, law, regulation, process, jurisdiction, topicality, state, apparatus, norm.

DOI: 10.7256/2454-0706.2013.5.51984

Abstract: The article is devoted to the specific features of the constitutional judicial process. The author analyzes the correlation of the terms “constitutional judicial process” with the categories of “constitutional justice”, “constitutional judicial control”, “constitutional judicial procedural form”. The author shows the differences between them, as ell as the correlations of the constitutional judicial procedural law with the constitutional law and constitutional procedural law. The author supports the position that constitutional judicial procedural law may not be recognized as an independent branch of law.

Keywords: jurisprudence, judicial procedure, constitutional, process, control, justice, constitutionality, form, normative, specific features.

DOI: 10.7256/2454-0706.2013.5.51985

Abstract: The article analyzes the nature of mergers and acquisitions, their main features. The author provides definitions of key terms and criteria of distinction between mergers and acquisitions are proposed.

Keywords: mergers, acquisitions, corporate control.

DOI: 10.7256/2454-0706.2015.5.14296

Abstract: This article is dedicated to the various aspects of participation of sociologists in forensic sociological evaluation. It demonstrates the difficulties and problematic areas in the development of social knowledge as a whole and sociology in particular, able to influence the quality and validity of the forensic analysis within the framework of a specific criminal investigation. The author proposes ways of increasing the level of forensic analysis by involving professional sociologists. A special attention is given to the review of the question of cooperation between sociology and law in the area of theory and practice. The main conclusions of the conducted research are the following: 1) a complex nature of the development of sociology and law proposes generalization of the experience of researchers not only on the theoretical, but also on the applied levels; 2) the key vector of cooperation of sociology and law includes forensic sociological evaluation.

Keywords: forensic examination, legal system, human, norms, values, sociology, society, law, expertise, problems of Sociology

DOI: 10.7256/2454-0706.2015.5.52428

Keywords: forensic examination, legal system, human, norms, values, sociology, society, law, expertise, problems of Sociology

DOI: 10.7256/2454-0706.2015.5.15131

Abstract: The subject of this research is presented by the description and analysis of the key conceptual issues pertaining to the regulation of intellectual rights. The author examines the most recent scientific achievements of Russian, as well as foreign authors on the issue of comparison between intellectual rights and property rights. Alongside this problem the article explores the questions of correlation of intellectual rights with the notion of “information”, reasonableness of the codification of intellectual property law within the framework of civil code, and inter-industry connections and the place of intellectual rights within the legal system. The conclusion consists in the presence of a complex of fundamental questions on the bases and limitations of the regulation of intellectual rights, to which there is no unambiguous solution within the modern legal science and doctrine. The author believes that there is a lack of industry approach and there is a need for a complex legal theoretical research using the paradigmatic approach.

Keywords: human rights, Constitutional law, Civil law, Information law, inter-industry connections, codification, property rights, intellectual rights, legal theory, paradigmatic approach

DOI: 10.7256/2454-0706.2015.5.52429

Keywords: human rights, Constitutional law, Civil law, Information law, inter-industry connections, codification, property rights, intellectual rights, legal theory, paradigmatic approach

Abstract: In article the author analyzes means of an individualization as results of intellectual activity and their legal protection on the basis of the existing civil legislation. In particular the author analyzes service marks, commercial designations, place of origin of goods, trademarks, trade names, and other means of individualization. The author states that the value of means of individualization is undoubted, since on one hand they allow the customers to choose necessary goods easily, knowing that the producer bears guaranteed responsibility for the quality of goods and tries to improve it. On the other hand, individualization of subjects of entrepreneurial activity allows to establish state control over their activities and to protect the rights of holders.

Keywords: Civil code of the Russian Federation, service marks, the intellectual rights, commercial designations, names of a place of an origin of the goods, individualization means, trade marks, company names.

Abstract: The civil legal literature discusses risk as one of the key characteristics of the entrepreneurial activity, and a basic category of civil law. The civil law itself is often related to an important function of fair distribution of risks among the participants of property relations/ This article deals with the term “risk” taking into account some directions of civil legal thought, which in turn related this category with subjective, objective and subjective-objective factors. As a result the author shows her understanding of legal nature of risk and provides its defi nition in the civil law.

Keywords: jurisprudence, law, risk, objectivity, subjectivity, factors, categories, defi nition, property, relations.

Abstract: This article is devoted to the study of legislative and doctrinal approaches to the establishment of the state territory. The author provides his own position on the approaches to the state territory and its elements. On the basis of ht analysis in question, the author offers the directions for the improvement of the Russian legislation in this sphere. The author then comes to a conclusion that it is not possible to provide a unifi ed defi nition of the state territory in general and of the territory of the Russian Federation in particular.

Keywords: jurisprudence, state territory, land territory, territorial sea, inland waters, subsoil, airspace, continental shelf, exclusive economic zone, jurisdiction.

DOI: 10.7256/2454-0706.2014.6.12121

DOI: 10.7256/2454-0706.2014.6.52218

Abstract: The article concerns the origin of state sovereignty, organization of state government and its functional purpose. Detailed attention is paid to the manifestation of the supreme power in the federal states. The author studies political and legal ideas of Russian and foreign authors, studying the transformation of the definition of sovereignty from the middle ages to our days. The attention is paid to the influence of the globalization processes upon the sovereignty and appearance of federalism. Federal structure of the state is regarded in its relation to sovereignty. The author establishes the criteria for state sovereignty of a certain subject. In the process of studies the author applied comparative legal and analytical legal analysis. The methods of correlation and comparison were also used. It is noted in the article that it is only the people organized as a state, having its own supreme power for the implementation of its direct goals and interests, has true sovereignty. And it is only in the presence of strong supreme power throughout the territory of the state, it is possible to guarantee state security and to form conditions for the development and progress of the people, society and state itself.

Keywords: sovereignty, state, power, supremacy, federalism, centralization, decentralization, competence, security, threats.

DOI: 10.7256/2454-0706.2015.6.15488

Abstract: The subject of this research is the generalization of views of various pre-revolution scholars on the legal state, its concept, criteria, differentiation from similar legal state concepts, as well as other aspects used as an example for demonstrating the deeply indigenous interpretation of this category by Russian legal science. Out of the multifariousness of views and approaches of the pre-revolution Russian scholars towards the problems of legal statehood the author highlights generalized trends and aspects, and compares the ideas of legal state and absolutism. The author examines the concept of criteria for legal state, and highlights the character trait of the entire pre-revolution Russian concept of criteria for legal state: priority of moral and ethical criteria and non-governmental social regulators in the structuring of legal statehood. Analysis of the pre-revolution era of development of Russia’s legal science has demonstrated that the notion of law and legislation were not sufficiently demarcated, and were largely thought to be one and the same. The ideas of pre-revolution scholars on impermissibility of absolutization of the concept of legal state become rather relevant in the current political and legal conditions.

Keywords: Legal state, Constitutional state, Concept of legal state, Criteria for legal state, Pre-revolution legal science, Legal ideas, Political legal concepts, Legal science, Legislator, Authority

DOI: 10.7256/2454-0706.2015.6.52451

DOI: 10.7256/2454-0706.2016.7.13286

Abstract: This work examines the origin and evolution of the concept of “criminal procedure function”. A comparison is made on various approaches to definition of the criminal procedure function. The author demonstrates the systemic foundation of functionality in the criminal procedure. From the dialectics positions, the author unifies the approach towards definition of the criminal procedure function as a branch of activity, viewing it as duties established by the law or rights of general character of the parties of the criminal procedure. The author makes a conclusion that the main directions of the criminal procedure work that are manifested in the criminal procedure carry systemic character. The author removes the contradictions in the outlooks upon the criminal procedure function as a branch of activity as established by the law or rights of general character of the parties of the criminal procedure.

Keywords: Criminal process, Criminal procedure, Resolution, Protection, Criminal prosecution, General rights, System, Adversarial principle, Branches of criminal procedure, Criminal procedure function

DOI: 10.7256/2454-0706.2016.7.52671

DOI: 10.7256/2454-0706.2016.8.19931

Abstract: The article deals with the legal status of foreign investments in the fuel and energy complex of the Russian Federation. Author explored the legislation as well as judicial practice ruling over foreign investments in the fuel and energy complexof the Russian Federation. Special place is given to the international legal rules governing investments in the energy sector. It is alleged that, despite the establishment of national (non discriminatory) treatment of foreign investments, fuel and energy complex by its very nature is an area of economic activity, where by way of derogation from the principle of (national treatment) may be applied discriminatory legal regime (MFN status). At the same time, it is noted that, in practice, foreign investors in the energy sector put in a better position than nationals because of the need to attract foreign investment, as well as exploration and production technologies of energy.

Keywords: legal regime, fuel and energy sector, foreign investment, national investment, the national legal regime, most favored nation treatment, litigation, domestic law, international law, case law

DOI: 10.7256/2454-0706.2016.8.52672

Keywords: Legal regime, fuel and energy sector, foreign investment, national investment, the national legal regime, most favored nation treatment, litigation, domestic law, international law, case law.

DOI: 10.7256/2454-0706.2016.8.12858

Abstract: This article examines the legal grounds and types of inheritance in Russia’s civil law, considering the most recent positions of the Russian legislation. The goal of this research is to review the legal categories with regards to bases to inheritance according to the law of inheritance of the Russian Federation. The author suggests an original approach towards the questions of inheritance. The proposed new approach towards understanding the grounds for inheritance will allow solving certain questions of hereditary succession of various categories of heirs, including through justification of purposefulness of the coverage of particular conditions of inheritance for the heirs by the will or law. During the course of this research the author applied a combination of general scientific and private scientific methods, which allowed forecasting certain trends in development of the institution of inheritance law, as well as formulating a number of scientifically substantiated recommendations and propositions. This work suggests to differentiate the grounds for inheritance and types of inheritance, and based on this fact establish a logical conceptual framework, which would be used in the theory of civil law and legislation. The author’s classification of the grounds for inheritance is being presented in the article.

Keywords: Hereditary substitution, Right of representation, Escheated property, Juridical fact, Legal succession, Legal competence, Hereditary transmission, Inheritance , Inheritor, Heir

DOI: 10.7256/2454-0706.2016.8.52673

Keywords: Hereditary substitution, Right of representation, Escheated property, Juridical fact, Legal succession, Legal competence, Hereditary transmission, Inheritance, Inheritor, Heir

DOI: 10.7256/2454-0706.2016.8.16374

Abstract: This article is dedicated to the examination of a relevant for the modern jurisprudence issue of separation of branches within the system of Russian law. The work covers one of the commonly referred to within the modern scientific literature subsidiary criteria of branch-formation – the principles of law. The author gives characteristics to the nature of the principles of law, including from the perspective of presence of the subjective and objective beginnings; place of the principles of law in the system of law; their main functions and importance for organization of the normative material within the frameworks of the legal system. The author substantiates the possibility of implementation of the principles of law as the subsidiary criterion of branch-formation, as well as presents the corresponding examples. Moreover, the article illustrates the opinions of the Soviet and modern Russian theoreticians of law the principles of law, as well as their role in the process of organization of the normative material in the legal system. The scientific novelty consists in a special examination of the principles of law as the independent criterion of differentiation of the branches in the legal system. This article is intended for a broad audience of readers, as there is no similar research on this topic in the modern juridical science.

Keywords: moral values of law, legislative system, legal regulation, the subjective in law, principles of law, the objective in law, criteria of branch-formation, structure of the legal system, legal system , lawmaking

DOI: 10.7256/2454-0706.2016.8.52674

Abstract: The Part 4 of the Civil Code of the Russian Federation introduced the term “publisher” into scientifi c and practical sphere. The legislator was rather superfi cial towards this institution, which lead to a number of negative situations, such as interchange of the terms “author” and “publisher”, or misunderstandings of its application and its benefi ts among the people. This article includes analysis of the “publisher” as a legal category in Russian civil legislation. The author analyzes the history of its formation, forms of its practical activities and types of responsibility for violations of law by publishers. The modern Russian science fails to distinguish “publisher” from the “author”, and many authors state that the rights of publisher can hardly be applied in practice. The author provides practical advice on the improvement of legal regulation of this type of social relations, offers a new solution for its practical application.

Keywords: rudence, publisher, author, divulgation, exclusive right, forms of activities of the publisher, types of publisher, responsibility of publisher, allied rights, copyright, intellectual property.

DOI: 10.7256/2454-0706.2015.7.8962

Abstract: This article is dedicated to the research of linguistic and semiotic perception of law. The goal of the article is to determine whether or not throughout time there have been regularities in concept of law marked by specific symbols, and whether there have been regularities in naming the notions of various social phenomena as laws. The semiotic part of the research revealed that in the ancient times the perception of law in a form of mono-norms was signified by symbols allowing or forbidding certain actions. For linguistic research, the author selected laws in main languages that have etymological dictionaries. There are at least two types of legal perception – “positivistic” and “natural”. Within legal terms of some languages we can observe certain variations (combinations) of main types of legal perception, and their integration (including in ancient Greek, Germanic, Slavic, and Finno-Ugric languages, in which laws represent notions of phenomena that are able to externally influence human behavior and steer them in the right direction).

Keywords: Symbol, Law, Etymology, Natural languages, Reason for naming, Internal structure of a word, Mono-norm, Markings, Denotation, Legal perception

DOI: 10.7256/2454-0706.2015.7.52466

Keywords: Symbol, Law, Etymology, Natural languages, Reason for naming, Internal structure of a word, Mono-norm, Markings, Denotation, Legal perception

DOI: 10.7256/2454-0706.2015.7.10442

Abstract: This article examines general theoretical and industry approaches towards classification of legal regimes, as well as such grounds for their type differentiation as subject of legal regulation; legal nature; type of legal regulation; correlation of stimuli and restrictions; subject of lawmaking; field and time of operation. The diversity of grounds for classification of legal regimes exists in both, the general theoretical and industry planes, which is substantiated by the subject and method of legal regulation and the differences of tasks set before the legal regimes, and the means of executing them. These grounds for classification of legal regimes allow us to synthesize their essential characteristics, clearly demonstrate their organic interconnection with public relations, and socio-political and legal significance. In the practical sense, identifying these classification characteristics aids in developing more substantiated proposals on improving legislation during its codification, removing ambiguity, collisions, gaps, and many other flaws inherent in the current legal system.

Keywords: Legal regime, Classification, Basis for classification, Classification approaches, Legal regulation, Legal nature, Type of legal regulation, Stimuli and restrictions, Lawmaking, Industry

DOI: 10.7256/2454-0706.2015.7.52467

Keywords: Legal regime, Classification, Basis for classification, Classification approaches, Legal regulation, Legal nature, Type of legal regulation, Stimuli and restrictions, Lawmaking, Industry

DOI: 10.7256/2454-0706.2016.9.20299

Abstract: The paper investigates the formation and development of legislation on foreign investments in the fuel and energy complex of Russia. Subject articles studied in chronological order, where the focus is on the legal basis of the post-Soviet period of development of legislation in the field of foreign investment in the energy sector. We consider the federal laws "On foreign investments", "On Concession Agreements", "On Production Sharing Agreements", etc. The paper used for the classical jurisprudence methods. Among them: the formal-logical, comparative legal, abstraction and modeling. The novelty of the material is to provide a periodization of formation and development of legislation in the field of foreign investment in the energy sector. It provided a new stage in the formation of legislation: the crisis (2008-2016), which is characterized by softening of conditions for foreign investments in the energy sector in order to attract. Indeed, if the previous periods were characterized as softening, and the tightening of conditions for foreign investors - ie, were in different directions, the main trend of modern legislation in the sphere of investments in the energy sector is to mitigate the conditions for foreign investment, which is directly reflected in the legislative reforms of the modern period.

Keywords: fuel and energy complex, bosom, investment, foreign investment, Russian Federation, legislation, reform, formation, development, oil and gas industry

DOI: 10.7256/2454-0706.2016.9.52690

Keywords: fuel and energy complex, bosom, investment, foreign investment, Russian Federation, legislation, reform, formation, development, oil and gas industry

DOI: 10.7256/2454-0706.2016.9.16439

Abstract: The object of this research is the legal world as a legal category of the highest integrative status, which can be implemented within the framework of the philosophical research for the extensive legal generalizations. The modern legal science suggests various categories of law as the universal, capturing all legal spheres of social life: system of law, legal reality, and legal life. The category “legal world” most often is used in characterization of the aforementioned categories or in examination of historical-legal experience of certain nations and ethnic groups. The multiplicity of the universal legal categories puts the theory of law before the need for a distinct demarcation of the corresponding notions, as well as substantiation of the independent meaning of the category “legal world”. The scientific novelty of this work consists in consideration of the legal world as the category which has an objective and subjective sides of expression, includes all forms of legal being of the society (legal phenomena and positions), as well as reflects the legal processes and represents the results of development of the material and spiritual activity people in the area of law.

Keywords: being of law, legal generalizations, legal events, legal categories, legal concepts, legal science, world of law, legal world, real world, subjective world

DOI: 10.7256/2454-0706.2016.9.52691