Contents of issue # 5/2017

Strategy of State Regional Development of the Russian Federation: Legal Framework

L. V. ANDRICHENKO

head of the Public law research centre 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: lvandr@mail.ru

Sustainable development of the regions is the most important priority of the state policy of the Russian Federation. The success of this policy depends not only on the economic development of the country and the social situation of its citizens, but also on national security, unity and territorial integrity of the state. At the same time, ensuring stable regional development is largely stagnated by existing problems in the delimitation of powers between different levels of public administration, which have a negative impact on maintaining the regional and local budgets’ stability and balance.
The purpose of this study is to analyze the effectiveness and sufficiency of the legal foundations of the state regional policy of the Russian Federation that determine the socioeconomic development of the Russian state and its regions.
For the analysis the author used formal legal and comparative legal research methods.
It is noted that a variety of regional conditions, differences in the resource potential, the unique features of historical development, as well as the specifics of the socio-cultural landscape of our country, requires a differentiated approach to the implementation of the state regional policy of the Russian Federation. Special attention is given to studying the problems of legal support of regional development strategic planning, implemented at the federal level and at the level of subjects of the Russian Federation, preventing the formation of successful socio-economic climate in the Russian Federation. The author emphasizes the need to improve the existing legislation and makes appropriate suggestions.

Keywords: government policy of regional development, strategy, strategic planning, public authorities, subject of the Russian Federation, public-private partnership.

DOI: 10.12737/article_58f48b493b3517.28201840

Regulation and Protection of Human and Citizen Rights in Russia: a Problem of Differentiation of Law-Making Powers between the Russian Federation and Its Subjects

D. S. VELIEVA, M. V. PRESNYAKOV

D. S. Velieva, head of the Department of constitutional and international law of the Stolypin Volga Region Institute of Administration — the Branch of the Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation, doctor of legal sciences, associate professor
23/25, Sobornaya st., Saratov, Russia, 410031
E-mail: ya.wds05@yandex.ru

M. V. Presnyakov, professor at the Department of labor law of the Stolypin Volga Region Institute of Administration — the Branch of the Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation, doctor of legal sciences, associate professor
23/25, Sobornaya st., Saratov, Russia, 410031
E-mail: presnykov1972@yandex.ru

This article is devoted to a problem of differentiation of competence of the Russian Federation and its subjects in the sphere of regulation and human and citizen rights protection. In the Constitution of the Russian Federation “regulation and protection of the rights and freedoms of the person and citizen” belongs to the jurisdiction of the Russian Federation, and “protection of the rights and freedoms of the person” belongs to both the Russian Federation and its subjects.
The purpose of this work is the analysis of problems of differentiation of rule-making powers between the Russian Federation and the subjects of the Russian Federation in the sphere of legislative regulation and protection of human and citizen rights. Particularly in the authors’ view the task is a research of questions of limits of legitimacy of regional regulation of the rights and freedoms. In work a number of the problems connected with legislative regulation at the level of the subject of the Russian Federation of the rights and freedoms of the person and the citizen is analyzed. In particular, it can be expressed in “crossing” of powers of regional statutory courts and the Constitutional Court of the Russian Federation. An assessment of transformation of the mechanism of differentiation of jurisdiction areas by the publication of federal laws is given.
The methodological basis of work was constituted by the approved general scientific and special method of obtaining knowledge. Methods of formal logic: the description, comparison, classification, the analysis and synthesis and others – allowed characterizing the existing mechanisms of differentiation of competence between the Russian Federation and its subjects from the perspective of their specific normative content. Moreover, by virtue of these methods of scientific knowledge in this work it was succeeded to conduct a research of the current legislation to reveal a number of defects of standard regulation and to make offers on their elimination.
The conducted research allowed authors to draw the following conclusions. According to the authors, distinctions of regulation and differentiation of the competence of the Russian Federation and its subjects in the federal legislation can be considered within a dichotomy of direct and indirect differentiation of law-making powers. Authors come to the conclusion that any regulation of any public relations in essence represents both differentiation and a certain restriction of law-making competence of subjects of the Russian Federation.

Keywords: federalism, differentiation of powers, restriction of the rights, regulation of the rights, lawmaking powers of subjects of the Russian Federation, anticipatory rule-making, the accompanying rule-making.

DOI: 10.12737/article_58f48b49401193.76299514

Party Construction in the Russian Federation: Some Tendencies of the Constitutional Regulation

E. V. ALIMOV

junior research fellow of the Department of constitutional law of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: emil.alimov@gmail.com

The institute of political parties is an integral part of any modern democratic state. Political parties, in the first place, are intended to serve as a representative of the needs and interests of citizens in a representative public authority. By maintaining their political program, party activities, active interaction with public authorities within the framework provided by the law of the state, political parties in fact have one of the leading places in the political life of many democratic states. In addition, political parties participate directly in the formation and (or) activities of certain public authorities. At the same time, in the Russian Federation the topic of identifying actual relations in the field of the functioning of the institution of political parties does not lose its relevance. Only a comprehensive legal analysis of the institution of political parties will make it possible to identify trends in the constitutional and legal regulation of party construction, which are an indicator of the real situation of political parties in modern Russia and reflect the existing problems of a legal nature, and also indicate a vector for the possible development of legal regulation in this area.
The purpose of this article is to identify the trends in the constitutional and legal regulation of party construction in the Russian Federation. This purpose is fulfilled by solving the following tasks: to study the development of the legislation of the Russian Federation on political parties, to study the actual practice of the Constitutional Court of the Russian Federation and the European Court of Human Rights in the field of party construction, to analyze the results of the election of representatives to the VII State Duma of the Federal Assembly of the Russian Federation in the aspect of the participation there of political parties.
The methodological basis of this scientific work was dialectical, systemic, comparative-legal, normative and other methods of cognition.
The author came to the following conclusions: political parties in the Russian Federation play an important role not only in the electoral process and in the relations between representatives and voters, but also in the entire political system as a whole; they have legal means of influencing on the formation and (or) activities of a number of important public authorities; it is necessary to improve the legislative regulation of the institution of political parties in the aspect of increasing political competition among many current political parties, which will ensure the implementation of the constitutional principles of multi-party system and political pluralism.

Keywords: political party, development trends, the deputy, democracy, voters, party construction, election, regional political parties.

DOI: 10.12737/article_58f48b495dc772.32444367

Integrative Law Apology in Light of the Reflective Interpretation

V. A. NOSKOV

professor at the Department of theory and history of state and law of the Belgorod State University, doctor of philosophical sciences
85, Pobedy st., Belgorod, Russia, 308015
E-mail: noskov@bsu.edu.ru

It is necessary to separate the reflective hermeneutic strategy from the dogmatic one in understanding the integrative law. Taking into account the cultural essence of law (integrative law) the reflective hermeneutic strategy is declared to be the on first place.
The goal is to provide rational for the dialectical linking of integrative law and law within the scope of the reflective hermeneutic strategy. The above mentioned goal defines the following objectives: to correlate the social and legal being to vest an ontological status in integrative law; to interrelate the “metaphysical” and “physical” hypostases of integrative law to characterize the legitimate essence of the latter; to differ the ontological and methodological aspects of integrative law to unveil the heuristical advantages of inclusive methodology as compared with exclusive methodology.
The methods used: dialectical method, structural method, comprehensive method, comparative method, factual method.
Based on the reflective hermeneutic strategy the conclusions are made as follows. The integrative law may be interpreted as an “unfolded” law determined by the “contained” law (law in general) and therefore becomes the real regulator of social life. Thus the law in general is the potential regulator of social life while the integrative law is the actual one (accomplished fact). It was concluded that law and integrative law are identical to eliminate the cognitive dissonance situation (there is choice between law and integrative law) therefore considering the current discussion as losing its meaning.

Keywords: law, integrative law, dogmatic hermeneutics, reflective hermeneutics, exclusive methodology, inclusive methodology.

DOI: 10.12737/article_58f48b494232b8.18548541

Resolution of Disputes Arising in the Sphere of Purchases through an Arbitration Proceeding

O. A. BELYAEVA, A. V. GABOV

O. A. Belyaeva, leading research fellow, head of the Department of private law disciplines of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: civil@izak.ru

A. V. Gabov, deputy director of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, honored lawyer of the Russian Federation, corresponding member of Russian Academy of Sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: office@izak.ru

In 2016 the express prohibition on resolution of the disputes arising in the sphere of contract system by the arbitration proceeding was published in the Russian legislation. The problem of definition of disputes which cannot be considered by the arbitration has long history; it is a subject of discussions both in science and in court practice.
The research objective is the justification of resolution of any disputes over contracts which are signed as a result of holding procurement procedures including those in the sphere of contract system.
The research aims are characterizing the legislation on procurements regarding the subject matter of customers, critical evaluation of the main postulates which formed the position basis about impossibility of permission in the arbitration of disputes over the state contracts, proof of the civil nature of the purchasing relations in due time.
Methods of a research are general scientific method of obtaining knowledge – dialectic, the analysis, synthesis, comparison and analogy, and also special methods — the method of the dogmatic analysis used for interpretation of precepts of law and legal designs, legalistic, structurally functional, a method of legal modeling.
The following conclusions of authors became results of a research: 1) the disputes arising in the sphere of purchases belong to jurisdiction of the arbitration. The statutory bar on resolution of disputes in contract system for consideration of the arbitration is not final. In the article those spheres of procurements are studied, which are subjects of state regulation, i.e. the government (municipal) procurements, and also procurements of the companies with the state participation are analysed.
Authors state in details history of emergence of this problem, court practice by recognition the arbitration reservations as invalid, refusals of arbitration tribunals in delivery of writs of execution according to decisions of the arbitration courts, the novellas in the procedural legislation connected with establishment of the prohibition on consideration of the disputes arising in contract system, the arbitration; 2) the relations in the sphere of purchases are civil, and any dispute, following from civil legal relationship, a priori is may be resolved through arbitration; 3) different ways of respect for the principle of autonomy of will are offered, critical evaluation is deserved by such concepts as “the contract possessing a public basis”, “public interest”. On the example of judicial precedent the inadmissibility of broad interpretation of these concepts of law-enforcement practice is shown.

Keywords: procurements, arbitration court, arbitration reservation, autonomy of will, freedom of the contract, competent court, civil dispute.

DOI: 10.12737/article_58f48b4944ff75.35882359

Topical Issues of Legal Regulation of a Commercial Residential Lease Agreement

D. A. FORMAKIDOV

associate professor at the Department of civil law of the Perm State University, candidate of legal sciences
15, Bukirev st., Perm, Russia, 614990
E-mail: formakidov@yandex.ru

The author of this article draws attention to the fact that at the present time in connection with significant new housing legislation the rules regulating commercial tenancy require updating, optimization and in-depth reform.
The purpose of this article is to examine some topical issues of legal regulation of a commercial residential lease agreement.
The following methods are used in the work: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectic logic; specific scientific methods: legal and dogmatic method of interpretation of legal norms.
According to the author modern legal regulation of the commercial hire should be based on a combination of principles and functions of both civil and housing law, comply with the overall legal technique of drafting of housing legislation. The article addresses the following issue of legal regulation of a commercial residential lease agreement: the lack of definition of employment contained in article 671 of the Civil Code, is the absence of the reference to the possibility of transferring living to other persons besides the owner and authorized representatives.
The author considers that the housing and civil law have different functions and principles; moreover the object of hiring has a certain specificity. He reckons that all residential lease agreement have civillaw nature and concludes that the relationship of hiring housing must be regulated only by a special branch act - the Housing Code of the Russian Federation.
Keywords: commercial residential lease agreement, housing legislation, civil legislation, the Housing Code of the Russian Federation.

DOI: 10.12737/article_58f48b495b3564.17769587

Principles of Legal Provision of Financial Stability of the Russian Federation: Theoretical Approaches and Classification

N. A. POVETKINA

head of the Department of financial, tax and budget legislation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, associate professor
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: pna127@mail.ru

The article examines various theoretical approaches to understanding of the principles both from the position of the general theory of law and from the position of financial and budgetary law. The author determines the importance of the principles of law for the ensuring of the financial stability of the Russian Federation and concludes that principles are the generic and integral element of the mechanism that ensures the financial stability of the Russian Federation and forms the fundamental beginning of the ascent of this mechanism. The analysis of various definitions of the concept under study allows us to conclude that the principles are the foundation on which the entire legal system is built. It is noted that currently there are many approaches to understanding of the principles and sometimes their inconsistency, which prevents the development of financial and legal science, high-quality lawmaking, clear legal understanding and effective and responsible enforcement in this area. The principles are classified on various grounds and the key principles of the legal provision of financial sustainability of the Russian Federation are considered such as social orientation, scientific character, responsible (qualitative) management, publicity (openness, transparency), planning (long-term), continuity (periodicity). It is noted that the principles of ensuring financial sustainability determine the “formula” of the construction, functioning and evolution of the relationships that develop in the process of its ensuring form the foundation for sustainable development of the state and also “program” the vector of activities of authorized bodies and subordinate it to generally recognized requirements and standards.
The author emphasizes that only as a whole the implementation of the above principles ensures the purposefulness and substantive content of the financial and legal mechanism of ensuring of the financial stability of the Russian Federation.

Keywords: principles, financial stability, legal support, system, budget, social orientation, scientific character, responsible (qualitative) management, publicity (openness, transparency), planning (longterm), continuity (periodicity).

DOI: 10.12737/article_58f48b4947b517.02418784

The Competition of “Negative” Grounds of the Dismissal of Law Enforcement Officers: Problem Algorithm

T. А. BATROVA, O. V. KORNEEVA

T. А. Batrova, professor at the Department of state and civil law disciplines of the Ryazan Branch of the Kikot Moscow University of the Ministry of Internal Affairs of Russian Federation, doctor of legal sciences, associate professor
18, Pervaya Krasnaya st., Ryazan, Russia, 390043
E-mail: batrovatatiana@yandex.ru

O. V. Korneeva, senior lecturer at the Department of state and civil law disciplines of the Ryazan Branch of the Kikot Moscow University of the Ministry of Internal Affairs of Russian Federation, candidate of legal sciences
18, Pervaya Krasnaya st., Ryazan, Russia, 390043
E-mail: olja_korn@mail.ru

The legislator determining the legal status of the law enforcement officers established special requirements to this category of citizens, including to their personal and business qualities and also special duties stipulated by the tasks and principles of organization and functioning of the internal affairs bodies, as well as the specific nature of the activities of these persons. This led to the emergence of special grounds for their dismissal from service. At the same time appeared competition between legal norms that established the grounds and procedure of dismissal of law enforcement officers on the negative grounds (in connection with gross violation of official discipline, committing a misdemeanor, which discredits the honor of a law enforcement officer, and on loss of confidence), which causes the problems in law enforcement activities, the evidence is judicial practice in this area.
The goals and objectives of the study are to analyze the problems of dismissal of law enforcement officers on negative grounds, as well as to identify areas for improving legislation in this area.
Research methods: dialectical, formal-logical, comparative-legal.
With regard to the considered problem, it seems rational: First, to redraft paragraph 9, part 3 of Art. 82 of the Federal Law No. 342-FZ from 30 November 2011 “About the service in the internal affairs bodies of the Russian Federation and amendments to the certain legislative acts of the Russian Federation” (Law on the Service) as follows: “9) repeated violation of the requirements to official conduct”, which ensures a correlation with the provisions of Art. 13 and helps to avoid the estimated formulations which are inevitable when determining “misconduct that discredits the employee's honor”. Secondly, to install in part 2 of Art. 49 of the Law on the Service an exhaustive list of gross violations of official discipline, including, among other things cases of non-compliance by the officers of restrictions and prohibitions provided by anti-corruption legislation, if the same were happened on service and were related to the performance of official duties. Thirdly, to carry the facts of non-compliance by the officer of the appropriate restrictions and prohibitions not directly related to the performance of official duties to the grounds that lead to dismissal in connection with the loss of confidence (Article 82.1 of the Law on the Service) or due to the repeated violation of the requirements to official conduct (committing a misdemeanor, which discredits the honor of a law enforcement officer according to the current legislation — section 9, part 3, article 82 of Law on Service).

Keywords: law enforcement officer, dismissal, negative grounds, official discipline, misconduct, loss of confidence.

DOI: 10.12737/article_58f48b4960b505.60187234

The Prospects of Development of Methodology of Criminal Law During the Postmodern Era

V. V. KHILYUTA

doctoral candidate at theScientific and practical center of the Prosecutor General's Office of the Republic of Belarus, candidate of legal sciences, associate professor
3/1, Dovator lane, Grodno, Republic of Belarus, 230000
Е-mail: tajna@tut.by

The author suggests the need of a systematic shift in scientific methodology in the criminal law because of the significant complication of social relations in the postmodern era.
The aim of the work is to determine the trends in the development of criminal law in the new socio-economic conditions. The research tasks are to identify the patterns of development of the methodology of criminal law, contemporary scientific problems and the specifics of the enforcement of the criminal legal doctrine and the formulation of conceptual bases for improving the mechanism of criminal law regulation.
To carry out the analysis, the author used dialectical, formal-legal, system-structural methods, the method of scientific modeling.
The article raises the question of the modern role of methodology in criminal law and criminal law research. The problems of criminal law in the postmodern era are revealed; the essence of methodology in criminal law and its significance, research approaches to the definition of methodology and its current state are also shown. Particular attention is paid to materialistic dialectics and the formal dogmatic method of cognition, their specificity and manifestation in criminal law. It is stated that pluralism in the methodology of criminal law does not contribute to its development. The present situation in the framework of the methodology of criminal law shows a contradiction between the new facts of law enforcement practice on the application of criminal law and the old ways of explaining them. These contradictions can lead to the distraction of the existing in the criminal law legal abstraction from a specific legal reality, as well as to the accumulation of only a certain amount of knowledge about a specific criminal phenomenon on an empirical level. The core of the methodology of criminal law is the unity of the interconversion of dialectics, epistemology and legal dogmatics. Trends in the development of criminal law in postmodern conditions are determined.

Keywords: criminal law, methodology, legal dogmatics, criminal law science, jurisprudence, legal methodology, research logic.

DOI: 10.12737/article_58f48b4949ed62.31233994

Criminal Bankruptcy Is the Form of Theft?

E. N. RAZYGRAEVA

associate professor at the Department of general professional disciplines of the Kemerovo branch of the Russian State Vocational Pedagogical University, candidate of legal sciences
32, Tukhachevsky st., Kemerovo, Russia, 650000
E-mail: juravleva68@mail.ru

This article examines the controversial issues of the delimitation of criminal bankruptcies – crimes under following articles of the Criminal Code of the Russian Federation 195 “Wrongful actions under the procedure of bankruptcy”, 196 “Deliberate bankruptcy” and 197 “Fictitious bankruptcy” – from the swindling (article 159), which is a form of theft. The issue of distinguishing crime bankruptcy from fraud is not new. It was analyzed by the pre-revolutionary and modern specialists in criminal law. However the problem is on the front burner.
The purpose of this study is to develop and propose the main criteria for distinguishing criminal bankruptcy from any other related offences and, in particular, from swindling in order for improving fight against crimes in the sphere of application of the institute of insolvency (bankruptcy).
Objectives of the study: to analyze the main approaches to the delimitation of criminal bankruptcies from fraud that existed in the pre-revolutionary period and at the present time; to compare objective and subjective characteristics of the analyzed compounds among themselves, to separate similar and different characteristics; to analyze the reasons of justified decriminalization of crime provided by article 173 of the Criminal Code “False entrepreneurship”, as the corpus delicti that previously complicated the delimitation between criminal bankruptcy and fraud.
Research methods: historical, comparative-legal, systemic-structural, formal logical, method of studying of documents. The study was conducted on the basis of the results of investigation of criminal cases by investigators of the investigating authorities of the Kemerovo region in the period from 1997 to the present, analyzing of classic and modern scientific literature.
According to the study the author formulates the separation criteria of the offences provided by following articles of the article of the Criminal Code of the Russian Federation195 “Wrongful actions at bankruptcy”, 196 “Deliberate bankruptcy” and 197 “Fictitious bankruptcy”, against swindling (article 159).

Keywords: criminal bankruptcy, wrongful actions at bankruptcy, deliberate bankruptcy, fictitious bankruptcy, swindling.

DOI: 10.12737/article_58f48b494c97a3.51919655

Consent to the Prosecution of Inviolable Persons for the Commission of Crimes and Administrative Offences

N. V. ROMANENKO

associate professor at the Ural State Law University, candidate of legal sciences
21, Komsomolskaya st., Yekaterinburg, Russia, 620137
E-mail: uralinfotech@rambler.ru

Peculiar features of criminal and administrative proceedings pending against inviolable persons and its implementation in some cases entail the violation of the principle of equality before the law and the courts, the principle of responsibility, the principle of competitiveness and equality of the parties. In the process of negotiating with the judge on the prosecution the bodies of the professional community very often go beyond the authority established by the legislator.
The aim of the article was to study the problems concerned with the consent on criminal and administrative prosecution of the relevant officials of the qualification collegium of judges, the State Duma and the Federation Council of the Russian Federation. The tasks of the study were to analyze the legislation concerned, the case law and to develop some recommendations for improvement of relevant procedures.
The methods of comparative-legal, logical, dialectical analyze and the method of generalization were used in present work.
The author comes to the conclusion on necessity of exception from the legislation of a number of provisions to facilitate implementation of the rules on immunity. Also the author substantiates the view that the detailed legislative regulation of the cases of conditionality and criminal penalties implementation of a representative government of its powers will contribute to the achievement of the initial goals.

Keywords: immunity, government representative, equality before the law and the courts, criminal and administrative liability.

DOI: 10.12737/article_58f48b4953aae2.43726511

Investigating Core of the Criminal Proceedings

D. A. PECHEGIN

acting senior research fellow 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: pechegindenis@rambler.ru

After the adoption of the Russian Federation Code of Criminal Procedure many scientists have concentrated on the study of adversarial elements and nature of criminal procedure. The interest of scientists to the analysis of the adversarial nature of the criminal procedure is still relevant today. However, in contrast to the adversarial core, the investigating core of the criminal procedure was not the subject of the detailed analysis in domestic doctrine for more than twenty five years. Despite the works of a number of domestic scientists in the doctrine of criminal process there were no any researches on matters of the concept, essence, meaning of the investigating core of criminal procedure. Meanwhile, the modern criminal process is a certain degree of combination of the adversarial and the investigating elements. That is why a unilateral approach in improving the national system of the criminal process with a clear advantage in favor of either the cores is unlikely to be fruitful.
The aim of the research is to reveal the nature of the investigating core of criminal procedure. Achieving of this aim is possible due to the following issues: the historical analysis of emerging and development of investigative procedures; identifying common features inherent in all forms of investigative proceedings; determination of the investigating core through the prism of the substantive goals of the criminal procedural activities; the reflection of the modern incarnations of the investigating core of criminal proceedings in legislation and instructions.
Methods: theoretical methods, method of historical analysis, comparative legal method.
The article reveals the historical background and the logic of appearance of the other than adversarial proceedings. Also there is an author's definition of the investigating core, proved the equivalence of this core along with competitive, substantiated the thesis that the development of criminal justice today requires an integrated approaches of both adversarial and investigating cores.

Keywords: investigating core, investigating system, investigation, ex officio, criminal procedure, type of criminal procedure, model of criminal trial.

DOI: 10.12737/article_58f48b494ed927.89236667

Towards the Recognition of Foreign Judgments on Economic Disputes that Do Not Require Enforcement (Scientific and Practical Commentary to Article 245.1 of the Arbitration Procedure Code of the Russian Federation)

A. A. KOSTIN

attorney at law at the Law firm “Khrenov and Partners”, postgraduate student at the Department of private international law of the Institute of Legislation and Comparative Law under the Government of Russian Federation, LL. M.
3, Bolshoy Vatin lane, Moscow, Russia, 109240
E-mail: alexandre.a.kostine@yandex.ru

The Russian doctrine until recently did no pay enough attention to the issues of the recognition of foreign court decisions without further proceedings. By this reason the adoption of article 245.1 of the Arbitration Procedure Code of the Russian Federation and termination of the Decree of the Presidium of the Supreme Soviet of the USSR of 1988 became the basis of the study of this theme.
The study had the following objectives: 1) to study the nature of foreign judicial decisions, which do not require the enforcement in virtue of their content (“simple recognition”); 2) to examine the legal basis (background) of recognition of this category of foreign judgments; 3) to consider the order of the procedural time duration when the objections against the recognition of this category of foreign judgments can be claimed (part 3 of article 245.1 of the APC).
For the analysis the author used formal-legal method, method of legal analogy and the historical method.
As a result of the study the author has made a few conclusions: 1) the concept of “the decision, accepted without further proceedings” includes judicial decisions on claims for recognition and conversion claims; 2) the foreign judgment, which does not require enforcement in virtue of their content, should be recognized under an international treaty or a federal law. Among the federal laws, which allow the recognition of this category of foreign judgments, are the item 6 of article 1 of the Federal Law “On insolvency (bankruptcy)”, as well as p. 5—6, article 1202 of the Civil Code; 3) the ineffectual formulation of part 3 of article 245.1 of the APC, according to which the time of the objections starts from the moment, “when it became notice to him about the decision of a foreign court”. In this case, the question of whether the person has specific knowledge about the foreign judicial process is very subjective and defining it in court can be very difficult.

Keywords: Article 245.1 of Arbitration Procedure Code, recognition of foreign judgments, international civil procedure.

DOI: 10.12737/article_58f48b49514a74.87881154

Scientific Approaches to the Expert Examination of Draft Normative Legal Acts of the Eurasian Economic Union Institutions

A. N. MOROZOV

leading research fellow of the Department of foreign constitutional, administrative, criminal law and international law 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: ccla1@izak.ru

The problem of the principles and exercise of the lawmaking activities at the level of the EAEU, including the expert examination of the draft legal acts adopted by EAEU bodies became really actual in a context of the development of integration within the Eurasian economic Union (EEU).
The aim of present paper is to develop new approaches to the expert examination of draft legal acts of the EAEU bodies regard to the Treaty on the Eurasian Economic Union, the Regulations of the Eurasian Economic Commission and other international treaties and acts constituting the law of the EAEU, the experience of expertise of draft legal acts in other international organizations.
The tasks of the article are: 1) analysis of the practice of examination of draft legal acts in international organizations, including the European Union and the Commonwealth of Independent States; 2) analysis of the legal expertise practice and other expertise of the draft legal acts in the EAEU member States; 3) analysis of the current practice of legal expertise of the draft acts of the EAEU bodies and the Eurasian Economic Commission.
Among the methods used in present article, it is necessary to highlight the dialectical, philosophical, formal-logical, systemic-structural, historical, formal-legal, comparative legal methods, as well as the method of interpretation of law, expert estimation, legal modeling and forecasting.
Based on the analysis of legal base, experience and practice of the expert examination of draft legal acts in international organizations, and domestic legal regulation of the implementation of various types of expert examinations of draft normative legal acts in the EAEC member States the author has formulated some proposals and recommendations aimed at improving of the international legal mechanisms for the expert examination of draft legal acts of the EAEU bodies.

Keywords: Eurasian Economic Union, expertise, international treaties, decisions, the Eurasian Economic Commission, the European Union, the Commonwealth of Independent States.

DOI: 10.12737/article_58f48b49561a56.63063966

The Judge and the State: Problems of Work (Employment) Legal Relations Regulation

G. T. ERMOSHIN

deputy head of the Department of the Russian State University of Justice, candidate of legal sciences, associate professor
69, Novocheremushkinskaya st., Moscow, Russia, 117418
E-mail: germoshin@list.ru

The article discusses the problems of legal regulation of work (employment) relationship between the judge as a person who holds a public office and the state employer, who monopoly dictating the conditions of judges employment.
The aim of the study is to analyze the consequences of instability, inconsistency and gaps of the legal regulation of work (employment) relationship and to draft proposals on improving the legislation in this sphere.
The general scientific methods (dialectic, analysis and synthesis, abstraction and concretization) and private research (statistical, sociological) research methods were used in this study.
As a result of the study the author concludes that the state exclusively dictating to the judge the specific conditions of labor, measures of social and state protection of judges and members of his family in return for the limitations of his constitutional rights as individuals. Also the legislation on the status of judges in the Russian Federation is continuously changing, and new conditions for instability and uncompleteness of the judiciary of the Russian Federation are appearing. In particular the change in the qualification classes of judges outside of a procedure of competency assessment have led to the infringement of the rights and interests of judges and retired judges declared by law. The author proves the necessity of developing of a new Federal Constitutional Law “On status of judges in the Russian Federation” instead of making another “amendment” to the Law on status of judges 1992, which was changed more then 50 times since its adoption, and other existing laws and regulatory legal acts of different levels regulating the legal status of the judge were changed many times.
Keywords: Law on status of judges, judge, status of judges, state as an employer, judiciary, state judges, qualification certification, qualification class, qualification collegium of judges.

DOI: 10.12737/article_58f48b4958a1e1.45306738

To the Memory of A. V. Mitskevich — The Scientist, the Teacher, the Person  Pdf 16

N. V. PUTILO

On the Remarkable Person and Outstanding Scientist-Lawyer (95 Years Since the Birth of A. V. Mitskevich)  Pdf 16

V. K. SAMIGULLIN

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