Contents of issue # 10/2017

The October Revolution and the Evolution of Russian Law  Pdf 16

N. N. CHERNOGOR, D. A. PASHENTSEV

N. N. Chernogor, head of the Department of state-legal disciplines of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, professor
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: theory@izak.ru

D. A. Pashentsev, leading research fellow of the Department of theory of legislation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, professor
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: theory@izak.ru

Centennial anniversary of the October revolution is a good occasion to reflect on the influence that it had on the development of domestic law. Methodological pluralism, the ability to apply different approaches to the understanding and interpretation of law and characteristic for the modern stage of development of legal science offer great opportunities to conduct historical and legal research aimed at identifying the objective regularities of the influence of the revolution on the right. The article shows the influence of the October revolution of 1917 on the development of domestic law — forms, systems and content.
The authors concluded that this influence was ambiguous. Inhibiting the process of forming a coherent hierarchical system of formal-legal sources of law, the revolution, at the same time, gave rise to a new Soviet law, led to intensive development of its systems, in particular, served as a catalyst for the formation of new branches of law and previously existing forms of law — the Constitution and codes. The evolution of law in post-revolutionary Russia reflects typical trends for the countries of Romano-Germanic legal family that time — codification of law, the increasing role of regulations in the system of formal-legal sources of law, the separation of substantive and procedural law, and also not peculiar to them, such as the loss of values which is typical for the Romano-Germanic family division of law into private and public. Together with a number of other — non-legal in nature factors — this resulted in the formation of the specific socialist legal family.

Keywords: state law, civil law, sources of law, constitutional law, Constitution, branch of law, law, revolution, family law, labor law, criminal law.

DOI: 10.12737/article_59c4cb55295b01.61454320

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System of Formal Sources of Modern Law and Problems of Legal Regulation of Lawmaking Activity  Pdf 16

N. V. SILCHENKO

professor at the Department of theory and history of state and law of the Belarusian State University, doctor of legal sciences, professor
4, Nezavisimosti ave., Minsk, Republic of Belarus, 220030
E-mail: silch1954@mail.ru

Creation of lawmaking standards is of immediate interest of legal science and an urgent task of lawmaking.
The purpose of the research is: to determine the optimal way and form of legal acts to consolidate the system of sources of positive law and regulation of lawmaking activity. The research tasks are: to formulate a system of scientific statements and conclusions that form the basis for goal achievement.
The author used means and methods of dialectical logic, structural-functional analysis and formallogical method of investigation in the research.
The system of formal sources of modern law consists of separate types of sources of national, international and supranational law, includes groups and levels of law sources, between which such hierarchical links are formed as links of subordination, coordination and correlation. The links of subordination prevail within particular subsystems, levels, groups and types of law sources, coordination links are between particular types, groups, levels and subsystems, and correlation links are between particular groups and types of law sources and: 1) social and cultural factors of civilization’s nature; 2) regulated public relations. The concept of the system of legislation in modern conditions loses its former methodological meaning, but still it is an important part of the theory of positive law because of preserving the methodological potential in the study of the system of normative legal acts, having scientific and applied value in the process of lawmaking and law enforcement activities. The legal consolidation of the system of formal sources of modern law, inherent hierarchical relations and lawmaking activity in general, are proposed to be implemented in a number of acts of a codified type: 1) a code on sources of law; 2) a code on law-making activity. The system of formal sources of modern law and hierarchical relations could be consolidated in the first act and the law-making process, including issues of the systematization and interpretation of sources of law, could be regulated by the second one.

Keywords: system of formal sources of law, types, groups, subsystems and levels of law sources, functional links, hierarchical links, links of subordination, coordination and correlation, codification of legislation on law sources and lawmaking activity.

DOI: 10.12737/article_59c4d75e496a59.57944357

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Problems of Incorporation of Legal Acts of the USSR and the RSFSR into the Modern Russian Legislation  Pdf 16

M. V. ZALOILO

senior research fellow of the Department of theory of legislation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: z-lo@mail.ru

The article deals with the problems of incorporation of legal acts of the USSR and the RSFSR into the modern Russian legislation. The author defines the conditions of validity of legal acts of the Soviet period into the legal system of the Russian Federation. The activity of federal executive authorities on audit and incorporation of legal acts of the USSR and the RSFSR into force in the Russian legislation in pursuance of the Edict of the President of the Russian Federation “On the organization of work on the incorporation of legal acts of the USSR and the RSFSR or their particular provisions in the legislation of the Russian Federation and (or) the recognition of such acts invalid on the territory of the Russian Federation” is examined. The concept of “incorporation” is analyzed from the point of view of the theory of law and is compared with another form of systematization of legislation — consolidation. The typical defects of draft legal acts prepared in the order of incorporation of legal acts of the USSR and the RSFSR into the legislation of the Russian Federation are identified.
Based on the research conducted with use of the formal-legal and historical-legal methods the author formulates the following conclusions. Although the ongoing incorporation of legal acts of the Soviet period into the legislation of the Russian Federation is not consistent with the concept of incorporation in the theory of law and looks like consolidation. However, the inclusion of the provisions of the acts of the Soviet period into the legislation of the Russian Federation and the concomitant recognition of them invalid on the territory of the Russian Federation are urgently needed. The overcoming of the typical defects referred to in the article by precisely following the rules of legal techniques will bring the work to a new level, when it becomes effective tool for improvement of the Russian legislation.
It is prospective to incorporate legal acts of the Soviet period in a sense that conforms the doctrine. The unification of legal acts of the USSR and the RSFSR operating in the territory of Russia in a special set (collection, digest) will increase the efficiency of law enforcement practice, and further quickly solve the problems of invalidation and the consolidation of these acts.

Keywords: systematization, incorporation, consolidation, revision, recording, legal acts of the USSR, legal acts of the RSFSR, legislation, duration of a statute of its retroactivity, territorial application of a statute.

DOI: 10.12737/ 10.12737/article_59c4d75e6cacf5.78580166

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An Interaction between Trust Participants in Respect of Trust Assets  Pdf 16

V. A. KANASHEVSKY

professor at the Department of private international law of the Kutafin Moscow State Law University, doctor of legal sciences, professor
9, Sadovaya-Kudrinskaya st., Moscow, Russia, 123995
E-mail: vladimir@kanashevsky.ru

The trust is a very popular instrument among Russian businessmen. This fact requires an analysis of legal aspects of interaction between trust participants in respect of trust assets. In particular the Russian and foreign rules on controlled foreign companies (CFC) do not treat the unrevoked and discretionary trusts as CFC. The cases of abuse by trustees of their rights to manage the trust assets are often encountered in practice. Finally, the special legal regime of the trust assets imposes restrictions on the operation of foreign inheritance laws.
The purpose of the research is the analysis of legal aspects of interaction between trust participants in respect of trust assets. The following aspects are considered in the article: the trustees’ obligations to manage trust assets; remedies against unfair trustee; sham trust issues: impact of foreign inheritance laws and foreign judgments on trust assets.
The research is based on a comparative method. The author provides examples from foreign court practice regarding sham trusts, analyses the laws of offshore trust jurisdictions regarding the powers of settlor in respect of a trust property. The article inter alia concerns with the issue of effect of foreign inheritance laws on trust and its assets.
The author comes to the conclusion that the most important duties of trustees in managing trust assets are obligations to observe the duty of care, duty of loyalty, good faith principle, “no profit” rule, “no conflict” rule and comply with the minimum standard of informing the beneficiary. One of the widespread grounds for recognition a trust as a sham is the excessive control of the settlor over the trustee’s activities. A trust without such control entails the tangible tax benefits under the Russian law since it is not qualified as a CFC. Offshore laws on trust do not recognize foreign inheritance laws and foreign judgments based on them. This factor should be taken into account by Russian persons when structuring their businesses through offshore trusts.

Keywords: settlor, beneficiary, trustee, applicable law, equity, trust, sham trust, asset protection trust, remedies, controlled foreign companies, offshore jurisdictions.

DOI: 10.12737/article_59c4d75eac0d32.24855266

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Development of Contractual Relations in Electric Power Industry  Pdf 16

O. A. SIMVOLOKOV

acting leading research fellow of the Department of civil legislation and procedure of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences, associate professor
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: civil@izak.ru

The system of contracts in the electric power industry, developed in the Russian legislation, is conditioned by the reform of the electric power industry and by its adaptation to the conditions of a market economy. Despite significant legislative work in the electricity sector, many unresolved issues remain, both theoretical and practical. A large body of norms on contracts in the electricity sector leads to inconsistency of many provisions and raises the need for amendments to the legislation, which does not contribute to the formation of stable and sustainable relations in the markets of electricity and power. The question of the correlation between the general provisions of the Civil Code of the Russian Federation on purchase and sale agreements, supply, energy supply, paid services and norms for special legislation on electric power industry has not been fully elaborated. The problems of contractual interaction between subjects of the electric power industry, as well as between subjects of the electric power industry and consumers remain unsolved (the optimal system of contracts in the electric power industry has not been formed; the discretion of the subjects of the electric power industry and consumers when formulating the contractual terms is substantially limited due to the prevalence of mandatory norms of legislation; there is a problem of payment discipline of consumers). The judicial practice on the application of the legislation on contracts in the electric power industry, which is not always uniform, does not contribute to overcoming these problems. This state of the legislation and judicial practice is an explanation of the considerable amount of disputes under the contracts in the electric power industry.
In the article, based on the analysis of key problems of legal regulation of contractual relations in the electric power industry, the directions for the further development of the legislation on electric power industry regarding the legal regulation of contracts are forecasted.

Keywords: reform of the electric power industry, system of contracts in the electric power industry, wholesale and retail electricity and capacity markets, limitation of freedom of contract, freedom of choice of the supplier of electrical energy, price of electricity (capacity), direct bilateral contracts for the purchase and sale of electricity (capacity).

DOI: 10.12737/article_59c4d75dc31e41.51898697

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Trends in the Establishment of Administrative Responsibility in the Information Sphere  Pdf 16

L. K. TERESHCHENKO

deputy head of the Department of administrative legislation and procedure of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, associate professor, honored lawyer of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: adm1@izak.ru

The legislation on administrative offenses is one of the most dynamically changing branches of legislation, including the block of administrative offenses in the information and telecommunication spheres. There are many reasons for this: changes in the norms of branch legislation and the formation of new legal relations which is especially characteristic for the sphere of information and telecommunications, the emergence of new challenges and threats against which adequate measures must be taken, including the establishment of liability measures. Since the adoption of the Administrative Code Chapter 13 has been significantly enriched with new articles. Their analysis is of interest primarily from the point of view of what society and the state consider at the moment particularly important and relevant, which requires protection by establishing administrative responsibility.
The article analyzes the changes in the legislation about administrative offences in the information and telecommunications spheres, shows the changes that have taken place and their relationship to the establishment of new requirements for new entities operating in the information and telecommunications sphere, such as information intermediary, hosting provider, information dissemination organizer in the Internet, news aggregator, blogger.
It is shown that when establishing administrative responsibility in the information and telecommunications spheres the emphasis is on the content side of information (what is called “content”) and its dissemination. These are the problems which concern the society and about which the state concerns. The legislation imposes bans on the observance of which is directed, inter alia, the establishment of administrative responsibility. It is about the prohibition of information of extremistic and terroristic orientation, other banned information, including harmful for children.
The paper provides a conclusion that a lawmaker is placing greater focus on the content side of the information and enters new subjects into the legal framework. These subjects should bear the liability for breach of information requirements, including for the distribution of “harmful” and illegal information.

Keywords: administrative liability, offences, information, access to information, content, information intermediary, web hosting provider, organizer of information dissemination on the Internet, news aggregator, blogger, Internet network, “harmful” information, illegal information, personal data.

DOI: 10.12737/article_59c4d75ed92366.10449669

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Problematic Issues of Regulation of Competence of Subjects of the Russian Federation in the Draft Code of Administrative Offences of the Russian Federation  Pdf 16

I. A. SUKHAREVSKY

head of the Department of legal and anti-corruption examination of the Legal department of the Office of Legislative Assembly of the Rostov region, candidate of legal sciences
112, Sotsialisticheskaya st., Rostov-on-Don, Russia, 344050
E-mail: zsrnd@zsro.ru

The article analyses the most relevant, according to the author, issues of determining the competence of subjects of the Russian Federation in the field of legislation on administrative offences in the draft Federal law No. 957581-6 “Code of the Russian Federation on administrative offences”.
It is concluded that the norm of the Constitution of the Russian Federation, which identifies administrative and administrative-procedural legislation to the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation requires a reconsideration. Administrative responsibility is a component of administrative compulsion, which is characterized primarily by bans and regional bans, according to the author, are inefficient without the involvement of the police and are doomed “to come across” on the provisions of part 3 of article 55 of the Constitution of the Russian Federation, according to which the rights and freedoms of person and citizen may be restricted only by Federal law.
In the article it is indicated the need of upgrade and development of the demarcation of powers existing in the field of the legislation on administrative offenses which isn't perfect. It is specified that acceptance in 2014 of a rule that the protocols on the administrative offenses encroaching on public order and public safety under the laws of constituent entities of the Russian Federation shall be compiled by officials of Internal Affairs bodies (police) if transmission of these powers is provided by agreements between the Federal Executive Authority which is realizing functions on framing and implementation of state policy and normative legal regulation in the sphere of Internal Affairs and Executive Authorities of subjects of the Russian Federation on transmission of implementation of a part of authority, actually excluded use of administrative responsibility for committing these specified topical offences on places.
In the article it is offered either to exclude powers of territorial subjects of the Federation on establishment of administrative responsibility or to correct the specified opportunity for establishment of administrative responsibility for commission of those administrative offenses which have certain features in regions of the country, before establishing the corresponding administrative responsibility of the Russian Federation Code of Administrative Offences.

Keywords: the concept, the draft of the Code of the Russian Federation about administrative offenses, competence of subjects of the Russian Federation, administrative offenses, the advancing regulation, the agreement between the Ministry of Internal Affairs of Russia and executive authorities of subjects of the Russian Federation, the protocol on administrative offenses.

DOI: 10.12737/article_59c4d75f1949b9.25449661

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Types and Composition of Urban Development Legal Relations  Pdf 16

E. S. BOLTANOVA

professor at the National Research Tomsk State University, professor at the Tomsk State University of Control Systems and Radioelectronics, doctor of legal sciences, associate professor
36, Lenin ave., Tomsk, Russia, 634050
E-mail: bes@sibmail.com

The Urban Development Code of the Russian Federation only mentions the category of «urban development relations» and calls its subjects, which is clearly insufficient and determines the need for a special study of this basic category of urban development norms. The article proposes a theoretical element-by-element analysis of the urban development legal relationship. Today we can state only the formation of special studies on urban planning, since the urban development legislation of Russia is quite young. The lack of a branch of urban planning law largely determines the law-enforcement analysis of the norms of urban development legislation.
The author sets himself the task of theoretical and legal research of urban development relations and consideration of their composition, identification of the types of these relations.
The methodological basis of the research was formed by a formal logical method consisting in the identification and analysis of the subject, the object, the content of urban development relations, the consideration of the types of urban development relations, the formal legal method allowing to define legal concepts, their characteristics, classification by interpretation of the current legislation, the comparative method conducting comparative analysis of legal norms and law enforcement practice.
In the work are mentioned three groups of urban development relations, they analyze and systematically outline the elements of the composition of the urban development legal relationship. It is substantiated that along with the subjects of urban development relations specified in the Urban Development Code of the Russian Federation the community of citizens as a new subject should be recognized. For the first time, the possible types of objects of urban development legal relations are described in detail. Urban relations with a complex nature of their legal nature have a recognizable content, have a specific nature of the object and often — a special status of the subject.

Keywords: urban development relations, urban development, development of land, development of territories.

DOI: 10.12737/article_59c4d75de5f1a4.90386392

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Lasting Relations in the Sphere of Hunting: Problems of Improving the Federal Legal Regulation  Pdf 16

D. B. GOROKHOV

leading research fellow of the Department of ecology legislation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: ecology@izak.ru

The law initiative aimed at correcting the regulation of lasting legal relations in the sphere of hunting is analyzed. The regulation of such legal relations is provided by the Federal law "About hunting and preservation of hunting resources and on amendments to certain legislative acts of the Russian Federation" (Hunting Law). From a formal point of view the problem consists in attempting to establish legal certainty concerning the period for which can be conclude the hunting agreements without auction. The decision that initiates a situation in which separate legal entities and individual entrepreneurs will be treaties by passing the auction for the right of their detention and for a period longer, than provided in licenses previously issued such economic entities is criticized. The author marks dangerous trend in legislation — point correction of existing norms without considering their place and role in the mechanism of legal regulation; the provision of unreasonable economic benefits to certain categories of economic entities, use of the method of distribution of general rules to cases of exception to this rule; incorrect definition of the purpose of legal regulation and ways of its achievement, leading to restriction of competition and increase corruption-factors in the sphere of hunting.
It is identified, that objective (true) purpose of change of Hunting Law is the advancement of the individual categories of entities hunting operations. The author establishes that such a goal does not correspond to the designed method of achieving it. The main problem is the deterioration of the economic situation in the hunting economy of the country. Decision is not correlated with point correction of the Hunting Law, and makes talking about the need for state support for all business entities in the sphere of hunting economy based on the principle of social justice.
It is predicted that the improving economic situation in the hunting economy will require a fundamental change in the concept of regulation of relations in the field of hunting and preservation of hunting resources in general, including the existing principles and design of the Hunting Law.

Keywords: problems of lawmaking, legal certainty in the timing of the hunting agreement without auction, the basis of the right of conclusion of the hunting agreement, lasting relationship in the field of hunting economy, the restriction of competition in the sphere of hunting.

DOI: 10.12737/article_59c4d75f51ed43.45270086

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Some Problems of the Application of the Law on Disciplinary Responsibility  Pdf 16

L. A. LOMAKINA

senior research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences, associate professor
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: labour@izak.ru

This article discusses some of the issues of the application of the Law on disciplinary responsibility and ways to improve it, taking into account the economic development of society, as well as the importance of the practice of the Supreme Court of the Russian Federation in this process.
The purpose of the article is to show the impact of the explanations of the Supreme Court of the Russian Federation on enforcement and creation process, which served as the basis for not only changes in legal rules governing disciplinary responsibility, but also as a tool that maintains a balance between the interests of the parties to the employment contract in their application.
The article analyses the existing legislation regulating the disciplinary liability (mainly regarding those legal provisions which were the subject of research), legal literature, the practice of the Supreme Court of the Russian Federation.
The legal norms regulating the disciplinary liability are of a mandatory nature, aimed at ensuring the establishment of the necessary legal conditions for optimal alignment of interests of the parties to the employment contract, the interests of the State and safeguarding the rights of the employee. Maintaining the balance of interests of the parties to the contract of employment is a difficult process, it is possible through the joint efforts of legislator and regarded-mainly the Court. It should be noted that the jurisprudence plays a very important role in ensuring uniform application by the courts of law in the process of resolving labour disputes, and maintaining a balance between the interests of the parties to the employment contract. Interpretation by the courts of law contributes to their correct application, improving their efficiency in the regulation of labour relations.
The author reviewed some of the legal norms regulating disciplinary responsibility (item 5 of part 1 of article 81 of the LC RF, article 192 TC RF), which as a result their explanations of the Supreme court of the Russian Federation received a new legal sounding.

Keywords: disciplinary liability, the gravity of the disciplinary misconduct, law enforcement, maintaining a balance of interests of parties to employment contracts, to ensure the uniform application by the courts of legal rules the interpretation of the law, the circumstances under which committed a disciplinary offence, the impact of judicial practice on lawmaking.

DOI: 10.12737/article_59c4d75f8e3525.13459014

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Possibility of Using the Contractual Forms of Judicial Proceedings on Criminal Cases against Minors  Pdf 16

N. M. KHROMOVA

research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: hromova-nm@yandex.ru

The article discusses the possibility of applying the contractual (conventional) forms of judicial proceedings in criminal cases against minors. The aim of this work was to analyze such forms of contract (conventional) justice, as a conciliation of parties’ institution, a special procedure of judicial proceedings. In turn, the author has not considered the possibility of application of mediation in criminal cases concerning the juvenile, as the basis of restorative justice, because this procedure was the subject of the study has previously been published.
The main subject of present study was the analysis of the Russian Criminal Procedure Code provisions on special judicial proceedings (chapters 40, 401) in order to enable the application of a special order of trial in criminal cases against minors. The doctrinal positions of the point in question were analyzed. The criminal procedure law does not contain the direct reference to the possibility of holding the special order of court proceedings in juvenile, as well as does not contain a direct prohibition. There is also no any unified opinion concerning this issue in the theory of the criminal process. On the basis of the analysis of legislation, case laws and doctrinal positions the author comes to the conclusion that the criminal procedural law is not so categorical in the matter of the using for the accused minors of such a procedure as a special procedure for the adjudication during the conclusion of a pretrial agreement on cooperation, which can be one of ways of restorative juvenile justice development.
Also, the article addresses the issues of the criminal proceeding termination resulting from the reconciliation of the parties, and examines the coercive measures of educational influence, in particular,
the duty to reclaim damage. These institutions were considered as contractual forms of criminal proceedings, where, on the one hand, the actions of the suspect or the accused were aimed at the compensation of damage caused by the crime, and on the other hand, the forgiveness of the victim. The author comes to the conclusion that the use of such contractual forms of judicial proceedings on criminal cases against minors as the conciliation of the parties is one of the approaches to the use of juvenile technologies by courts of ordinary jurisdiction.
The methodological basis of this study is a set of scientific methods, and the dialectical method was the main among them. The author used general philosophical, general scientific and special legal methods of studies, in particular, the system method research.

Keywords: contractual form of judicial proceedings, special proceedings, conciliation, judicial proceedings on criminal cases against minors.

DOI: 10.12737/article_59c4d75fc62f65.39379320

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Territorial Autonomy and National Minorities’ Rights: the International Standards  Pdf 16

A. N. MOCHALOV

associate professor at the Department of constitutional law of the Ural State Law University, candidate of legal sciences
21, Komsomolskaya st., Yekaterinburg, Russia, 620137
E-mail: mochalov@usla.ru

Territorial autonomy is an element of territorial structure of a state, which is traditionally regarded as an exclusive matter of sovereign states and as a part of national constitutional legislation. At the same time, during the last decades the conception of territorial autonomy has developed by the international documents as well. These documents have a certain impact on national regulation. Nevertheless, international aspects of territorial autonomy have not become a subject of broad discussion in Russian law literature yet.
The purpose and objectives of present study were to demonstrate the international standards of the territorial autonomy and their evolution on the basis of the analysis of the UN, OSCE and Council of Europe’s documents. Also the author has made a brief description of the forming principles and guarantees of such standards.
The international legal rulings were analyzed by means of technical legal methods. The historical method allowed the author to trace the evolution of the international standards of territorial autonomy. The method of comparative legal analysis allowed comparing the approaches to the standards in different international legal orders (the UN, OSCE, and Council of Europe) and detecting correlations between them.
On the base of the UN and OSCE documents concerning autonomies and minorities’ rights as well as documents adopted by the Parliamentary Assembly of Council of Europe, the Congress of Local and Regional Authorities of Europe, and the Venice Commission on the issue the author states that the rulings of all these documents constitute the international standards of territorial autonomy. These standards consist of principles and guarantees concerning realization of the right to autonomy. The ground of the standards is the international guarantees of minorities’ right protection as well as principles of internal inter-ethnic and inter-religious conflicts resolution. The standards discussed in the article contain mainly so called “soft law” legal rules and have a character of recommendations. So, they are leaving the final decisions on the issue to sovereign states.

Keywords: autonomy, territorial autonomy, self-government, national minorities, state order, international standards, internationalization of constitutional law.

DOI: 10.12737/article_59c4d7600cc049.06411186

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Correlation and Interaction between the Principle of National Self-Determination and the Principle of Territorial Integrity of the State  Pdf 16

A. A. KHASANOV

postgraduate student at the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: anvarkhas@yandex.ru

The article deals with the problem of overcoming the conflict of laws, principles to self-determination of nations, the state territorial integrity and also the impact of the basic international law principles on institute of the new state recognition. The author analyzes the international legal documents on basic principles of international law, discusses the constitutions of foreign states and their provisions on the principle of self-determination, even up to the formation of their own independent state. It is noted that the legal basis of creating a new state is to implement the people's right to self-determination. The exercise of the self-determination right can lead to violation of state territorial integrity.
The author comes to a conclusion that the principles of international law, including the principle of self-determination of peoples and state territorial integrity have to be interpreted in connection with and in context of other basic principles of international law. The realization of people's right to self-determination in case of the violation of the principle of universal respect for human rights and fundamental freedoms by the state as well as the inability of internal self-determination may be a valid ground of creating their own independent state. It is unacceptable to interfere in the process of self-determination. All disputes related to the right of peoples to self-determination and the principle of territorial integrity should be resolved by peaceful means. The validity of the specific case of selfdetermination must be assessed in accordance with the fundamental principles of international law.

Keywords: recognition of new states, basic principles of international law, right of peoples to selfdetermination, principle of territorial integrity, principle of universal respect for human rights and fundamental freedoms, legitimacy of self-determination of peoples.

DOI: 10.12737/article_59c4d7604b9364.15443514

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Conflict of Interest as a Legal Phenomenon in the Public Sphere  Pdf 16

V. V. SEVALNEV, E. V. CHEREPANOVA

V. V. Sevalnev, senior research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: sevalnev77@gmail.com

E. V. Cherepanova, senior research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: antikor@izak.ru

The article is devoted to the study of issues related to the concept of conflict of interest in the public sphere. The authors considered the theoretical aspects of the definition "conflict of interest" in public law, analyzed a different doctrinal views on this subject. At the same time, the authors note that the concept of "interest" is a scientific category, and also is a subject of study of philosophy, sociology, psychology, economics and other sciences. There are the classification of interests and the correlation between the concepts of conflict and interest in the field of public law based on the social aspects of interest in present article.
The authors come to the conclusion that today the notion of conflict of interests mostly is a subject of studies from the point of view of counteraction to corruption offenses and crimes of corruption, including in light of the fact that at the state level conflict of interests recognized as one of the main anti-corruption mechanisms, and at the same time it is a way to ensure the proper functioning of official relations in the system of state authorities. In this regard, the authors identified the advantages and disadvantages of the definition of "conflict of interest" in the Russian legislation on anti-corruption.
However, the authors state that the study of conflict of interest for the most part only in relation to corruption offences is not sufficiently justified. A conflict of interest arising from the confrontation of ideas, cultural differences, level of legal awareness of citizens and other reasons, is a complex multidimensional theoretical and practical problem, covering interpersonal, intergroup, public and international relations, and anti-corruption can be considered only as one of the elements of the system.

Keywords: conflictology, interest, conflict of interest, anti-corruption, public law, legal science.

DOI: 10.12737/article_59c4d75e1bf445.36849459

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I. A. SHULYATIEV

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