Contents of issue # 6/2017

Conflict of Laws Rules in the Russian Federation: Position and Prospects  Pdf 16

N. A. VLASENKO

chief research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, professor, honored lawyer of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: theory@izak.ru

The article is devoted to the problems of conflict of laws in the Russian legal science. The scientific discussion is analyzed; different points of view and approaches are presented, as well as modern methodology in the study of conflict problems. The author concentrates on the place of conflict of laws in the system of Russian law, as well as on the coincidence of collisions and conflicts between conflict rules. The quality of scientific research in the field of understanding conflicts in law is illustrated. The conflict principles of modern Russian law are widely represented. It is a question of temporal conflict norms and exceptions from them. Preventive temporal principles are formulated. In addition, spatial, hierarchical and contentious conflict principles are researched.
The purpose of this article is to identify the current state of conflict of laws in Russia and the prospects of its development. The following tasks are devoted to the achievement of this goal: analysis of the current discussion on the subject of Russian conflict of laws; assessment methods used to study conflict of laws; research of the conflict law system and its structural elements, conflict principles and norms.
Methodology in the article is given special attention. The author believes that the systematic approach has so far been and remains one of the main private-scientific methods for studying the conflict of laws.
It is concluded that conflict of laws is a universal branch in the system of Russian law and does not have any branch affiliation. The problem of internal (unified) branches of law is posed. The author classifies them as conflict of laws, law of the law, etc. Conflicts of laws is the most important regulator, “intra-legal” in nature, preserving the integrity of the system of law and precise regulation of actual relations. This is the antipode of legal chaos and the guarantor of legality in society. Conflicts of laws is a very conditional phenomenon, and it is hardly appropriate to characterize it as a branch of law, as well as the selection of sub-branches in it. Basically, conflicts of laws are the norms that ensure the structural nature of the law and the systemic nature of its operation.

Keywords: conflict of law, the contradictions in law, collision law, the reasons of the conflict of law, temporal conflict rules, spatial conflict rules, hierarchical conflict rules, competition law.

DOI: 10.12737/article_59240612adb802.72001888

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On the Russian Legal Mentality in the Light of the Socionatural History and the Communicative Concept of Law  Pdf 16

M. Yu. OSIPOV

senior research fellow of the Institute of Jurisprudence and Management of the All-Russian Police Association, candidate of legal sciences
98, Boldin st., Tula, Russia, 300028
E-mail: osipov11789@yandex.ru

The problem of understanding of the Russian legal mentality and its specifics is one of the pressing problems facing modern theory of law. The urgency of this problem is related to the fact that knowledge of the specifics of the Russian legal mentality makes it possible to better understand the mechanism of the operation of legislative norms in Russian society and to understand the nature of such a phenomenon as the negative attitude of Russians towards the current law.
The aim of the study is to find the answer to the question what is the Russian legal mentality, what are its specific features.
The research tasks are as follows: a) to define the legal mentality; b) consider the special aspects and main features of the Russian legal mentality.
In the work were used traditional methods (analysis, synthesis, induction, deduction, abstraction, generalization, culturological, psychological methods) and relatively new methods (the method of socionatural history and the communicative concept of law).
The author establishes that the Russian legal mentality possesses a number of features, including: a) the idea of truth (justice); b) the idea of a social community: one for all and all for one; c) the idea that the rights (laws) are given by the highest state authorities; d) the idea of life not by “law”, imposed from above, but according to conscience.
Specific examples show that the specifics of the Russian legal mentality, including the critical attitude to written laws, are due in large part to geographical reasons that force members of the communities to settle together. It is also shown that the peculiarity of resettlement and the duration of the implementation of legal communication in the process of historical development have formed among Russians this type of legal mentality. The conclusion is made on the need for the state authorities and local selfgovernment bodies to take into account the peculiarities of the Russian legal mentality in the adoption of laws and other normative legal acts.

Keywords: legal mentality, legal, legal culture, history sotsionatural, communicative concept of law, the general theory of state and law.

DOI: 10.12737/article_59240953ed0575.42842322

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About a “Competitive” Order of Municipality Heads Election: Two Years’ Practice Generalization  Pdf 16

V. V. VISKULOVA

professor at the Department of constitutional law of the Amur State University, doctor of legal sciences, associate professor
21, Ignatyevskoye Shosse, Blagoveshchensk, Russia, 675027
E-mail: viskulova@mail.ru

The two years’ experience in Russia to elect heads of municipal units out of the candidates provided by the contest committee is diverse and contradictory. The regional rule-making practice, accumulated after the December 01, 2015 when the Resolution No. 30-P of the Constitutional Court of the Russian Federation became into force, confirms that the basic criterion — lack of alternative for an election order of the heads of the top territorial level of local self-government concerning all for certain subject of the Russian Federation municipal districts, city districts, intracity areas, some residential locations with the dominating public powers — is actively realized. On the contrary, there are very few criteria, which determine certain municipal units with one-man-for-one-seat order of the heads election in a certain type of municipalities in the Russian Federation subjects’ laws. The issues of the influence of the electoral legislation on the procedure of “competitive” election of the heads of municipal units, as well as the identification of differences in the status of the heads elected in municipal elections and the results of the competition are especially relevant.
The aim of the research is generalization of the two-year practice in municipality heads “competitive” election. The author solves the following tasks: 1) to analyze the Russian Federation regions’ legislation and the 2015—2016 judgments on the matter; 2) to identify the relationship between the procedure of electing of the highest municipality officials in a “competitive” way and the direct elections institution; 3) to draw a distinction between the status of those elected directly and in a “competitive” way.
The author refers to general scientific methods — systemic and structural, historical, logical; the ascension from the specific thing to abstract and from abstract to the specific; a special method — statistical technique; private-law methods — formally logical, comparative and legal.
For the last two years the municipality heads “competitive” election institution has been drastically changed under the influence of casual interpretation acts. Judicial practice confirmed the exceptional popularity of the direct election model for delegating authority to municipality heads, enabling in some cases the election legislation application to municipal units’ heads “competitive” elections. The use of “competitive” elections without receiving the mandate directly from the voters does not allow such heads today to be a member of municipal regions representative bodies, formed by means of delegation, and also to combine the representative body Chairman powers heading the local administration.

Keywords: head of the municipal unit, the Contest committee, direct election, competitive election, the Constitutional Court of the Russian Federation, the charter of the municipality.

DOI: 10.12737/article_592409b76646a1.89966646

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System of Civil Society’s Institutions in Russia: the Constitutional and Legal Aspect  Pdf 16

E. E. NIKITINA

leading research fellow of the Department of constitutional 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: const@izak.ru

The article focuses on the issues related to the development of civil society’s institutions in Russia. The author concludes that the concept of civil society has higher scientific potential. The essence of the concept of civil society is closely related to the such concepts as popular sovereignty, democracy, social state and human rights. The author presumes that the impact of normative regulators can not be recognized as effective if additional preconditions for the transformation of social relations are not created.
The article deals with the definitions of “civil society”, “the institute of civil society”, and the use of these terms in the legislation of the Russian Federation are also examined. The author compares different approaches to the system of civil society’s institutions and classifies them. The author agrees with the opinion that there are political, economic, spiritual and cultural spheres in the structure of Russian civil society, and the presence of civil society’s institutions of mixed nature.
The article defines the criteria which the civil society’s institute must be met. In the author’s view, the civil society is characterized by the following features: the presence of some form; the existence of a common goal; non-state procedure for the formation and functioning; self-organization; selfgovernment; voluntariness; equal relationships, lack of hierarchy in the system.
In the scientific literature the non-governmental organizations are often regarded as institutions of civil society. However, from a legal point of view, fewer than all non-governmental organizations are the institutions of civil society, since they do not comply with such criteria as voluntariness, selfgovernment and self-organization that characterize the institutions of civil society. The author concludes that regulation by the general regulatory act and the possession of common legal features can not serve as the basis for the assignment of specific social structure to an institution of civil society.

Keywords: civil society, institutions of the civil society, definition of the civil society, structure of the civil society, institutionalization, constitutional rights.

DOI: 10.12737/article_59240612b1a000.16568704

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Ways of Judicial Protection of the Person which Lost the Auction  Pdf 16

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

For many years in the Russian Federation the question of optimum and most effective ways of protection of interests of the person which lost the auction is urgent. The problem is complicated by the fact that the purpose of the auction is the conclusion of the contract, but when the auction is complete, the contract is already signed. In this regard there is a question of whether the required judgment can lead to real restoration of the rights of the person who lost the auction.
The research objective presented in article is comparison of various ways of protection of the rights and legitimate interests of the bidder both judicially and administratively.
The research aims are carrying out the analysis of concrete judicial proceedings which complexity is caused by holding the competitive auction in conformity with the requirements of the legislation on procurements.
The methods of the research are general scientific methods of knowledge — dialectic, the analysis, synthesis, comparison and analogy, and also special methods — the method of the dogmatic analysis used for interpretation of legal norms and legal designs, and legalistic and structurally functional method of legal modeling.
The following conclusions of the author are the results of the research: 1) the peculiarity of tenders in the sphere of procurement is the possibility of protecting the rights of participants in the procurement by law. Often, the administrative procedure is more effective than judicial protection because of the short period of consideration of the complaint. The main condition for successful restoration of the violated rights of the procurement participant is the absence of an agreement between the customer and the winner of the tender; 2) the court is obliged to check the activity of tender evaluation, as this compliance means a complying with rules of a tender. Otherwise bidders cannot use the right for judicial protection in case of direct violation of their rights and legitimate interests actions (inaction) of the committee; 3) the protocol of the tendering committee cannot be a subject of independent contestation, norms on invalidity of deals are not applicable to it. Only the auction in general as complex legal structure is a subject of contestation, but not separate unilateral binding transactions or actions (inaction) as they do not generate legal result directly to which the auction is directed; 4) in the conditions of the signed and actually executed contract restoration of the violated rights of the person who lost the auction is almost impossible.

Keywords: auction, procurement, administrative appeal, arbitral procedure, judicial protection, protocol of the contest committee, contract.

DOI: 10.12737/article_59240612b798b4.96577237

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Competition as a Business Incentive: the Legal Aspect  Pdf 16

A. G. DEMIEVA

associate professor at the Kazan (Volga region) Federal University, candidate of legal sciences
18, Kremlevskaya st., Kazan, Russia, 420008
E-mail: ademieva@bk.ru

Competition is one of the basic conditions required for a market economy. The matter examined in the presented article is the legal basis of the competition.
This article treats the substance of the competition as the key driver of any business activity. The author focuses on a number of features of the concept in question, including a combination of private and public interests declared a specific feature of the competition as a business incentive.
In the work were used following methods: the comparative legal one, the technical one, the logical one, the analytic one and the synthetic one.
Some contemporary law scientists make attempts to make the competition law constitute a separate legislation branch. The author notes that the competition law may not constitute a separate legislation branch because of absence of any theoretically founded branch-forming characteristics. The study carried out by the author let him draw a conclusion that the incentive capacity of the competition is most pronounced in the framework of the civil law regulation based on the freedom-of-contract doctrine which sums up the concept in question.

Keywords: competition, incentive of the business activity, freedom of the contract, private and public interests.

DOI: 10.12737/article_59240a94b8c001.74124873

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Elements of the Financial Security and its Legal Support  Pdf 16

I. I. KUCHEROV

deputy director of the Institute of Legislation and Comparative Law under the Government of Russian Federation, doctor of legal sciences, professor, honored lawyer of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
Е-mail: prof.kucheroff@mail.ru

The security is an essential condition for the existence of someone or something, as in the most general sense it is the state of security when there is no danger. Among the numerous security objects there are human life and health, materialized results of their work, the infrastructure providing the activity of society, property and money necessary for the functioning and development of the state and others. In this article the author consideres security matters of public finance in the formulation legal support of financial security, which is the difficult multidimensional complex concept that involves a certain security important elements of the financial system, by adopting the most various and legal arrangements. The objectives of legal regulation are determined in the light of ensuring financial security, measures for their achievement are analyzed. The author draws attention to such a principal aspect of building an effective financial security system as a problem of achieving an optimal balance between two states — the financial security of the state as a whole (macrolevel) with the simultaneous financial security of specific economic entities (microlevel) and notes their interdependence and interdependence.
Financial security is defined by the author as a state of protection of the financial system of the Russian Federation, based on the financial stability of the state, which allows for the continuous and sufficient financial provision of all its powers and functions through the formation of public funds of money, including gold and foreign exchange reserves. In the context of this article it seems necessary to identify and disclose the components (components) of financial security, including facilities, risks and threats, actors, as well as activities (actions) aimed at securing it. For the purpose of ensuring of financial security the author supposes to involve the use of the entire arsenal of legal means necessary to neutralize risks and threats in the financial sphere and eliminate negative consequences.

Keywords: financial system, financial security, financial risks, financial sustainability, legal support.

DOI: 10.12737/article_59240612ba2095.47147610

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Administrative Barriers for Customs Control: Concept, Types and Overcoming Methods  Pdf 16

S. A. AGAMAGOMEDOVA

associate professor at the Penza State University, candidate of sociological sciences
40, Krasnaya st., Penza, Russia, 440026
E-mail: saniyat_aga@mail.ru

On the basis of current scientific concepts of administrative barriers the author provides the concept of administrative barriers in customs control passing, which serves as a variety of administrative barriers in the economy. Considering the administrative barriers within the administrative and procedural concept, the author highlights types of administrative barriers for the participants of foreign trade activities and other controlled entities. The criteria for the classification of administrative barriers are: the existence and the way of normative regulation; an element that acts as excess; the activity of the customs authorities; the content of the administrative barrier. The following is a means to reduce them: the use of information and communication technologies, taking into account opinions of controlled entities in the rule-making and enforcement activities in the field of customs procedures, the examination of normative legal acts in the sphere of customs regulation, systemic administrative and legal regulation of administrative procedures, the development of special simplified system for customs control.
The methodological basis of work was constituted by the approved general scientific and special methods of knowledge.
The author concluded that the trend of reduction of administrative barriers for customs control is currently inherent in the administrative and legal regulation of customs control.

Keywords: administrative barriers, customs control, customs authorities, administrative restrictions, administrative procedures, public functions, public services, excessive administrative procedures.

DOI: 10.12737/article_59240adf82f695.44623408

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On the Form of Guilt in a Crime Prescribed by Part 3 of the Article 217 of the Criminal Code of the Russian Federation  Pdf 16

V. F. SHCHEPELKOV

professor at the Department of criminal law of the St. Petersburg State University, doctor of legal sciences, associate professor
7, 22 line of V. O., St. Petersburg, Russia, 190000
E-mail: volga0@yandex.ru

The article is devoted to the ascertainment of the forms of guilt in the crime prescribed by part 3 of the Article 217 of the CC of the RF (Violation of Safety Rules in Explosive Facilities), which is of special current interest because of Russian Constitutional Court’s hearing of the case of Funck’s compliant about a norm violating his constitutional rights and freedoms. 
The aim of the article is to define some conclusions on the ways of overcoming the contradictions of criminal law norms concerning the guilt in the crime prescribed by part 3 of the Article 217 of the CC of the RF, and to make the proposals to amend the law.
The goals of this work are the following: to make analysis of the criminal law norms and their amendments, theoretical positions and practical methods of the ascertainment of the forms of guilt in this crime; to evaluate the arguments of the Constitutional Court of the RF for dismissing Funck’s claim because of its impermissibility. There is the analysis of the sentences in respect of the offence prescribed by the Article 217 of the CC of the RF, the Supreme Court’s interpretation of the ascertainment of the forms of guilt in the crimes with the similar construction and the special literature. The experience on making the opinion letter on the Constitutional Court’s request because of the claim on violation of constitutional rights and freedoms by part 3 of the Article 217 of the CC of the RF was used in this article.
The author shares the conclusion about the necessity of the direct indication of the form of guilt (carelessness) in the dispositions of norms for the crimes connected with the violation of special rules. It lets ascertain the forms of guilt strictly in such crimes and provide for uniformity of the sentences. Also time-limits of responsibility for the crimes, which need more time for investigation should be more flexible. It will clear up from the problem of “searching the ways to overcome” time-limits of criminal responsibility.

Keywords: form of guilt, carelessness, crimes committed with two forms of guilt, violation of safety rules in explosive facilities, time-limits for criminal responsibility.

DOI: 10.12737/article_59240612bd86c4.39295833

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On the Question of Determination of Criminal Liability for Violation of Anti-Doping Legislation  Pdf 16

T. O. KOSHAEVA, E. V. YAMASHEVA

T. O. Koshaeva, leading 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: crim@izak.ru

Ye. V. Yamasheva, 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: crim2@izak.ru

The article is devoted to criminal and legal issues of prevention of doping legislation violation. Criminal liability established in art. 230.1 and 230.2 of the Criminal Cod of the Russian Federation for crimes related to such violations means that the state pays attention to protection of social relations in the area of doping use in sport and qualifies them as crimes against public health and public morals.
The purpose of the article is criminal and legal analysis of new regulations that establish liability for inducing a sportsman to use substances and (or) methods prohibited in sport as well as liability for use of substances and (or) methods prohibited in sport.
The introduction of new elements of crime led to solution of many problems related to effectiveness of practical application of such regulations, and also in discovering some shortcomings in abovementioned articles, concerning description of punishable offences and sanctions established by legislature for committing such crimes. Specifically, objective and subjective elements of crime components concerned are analyzed, the issue of determination of special target of crime, in particular substances and (or) methods prohibited in sport (doping) are studied in the article. The concept of “doping” is new for criminal legislation and, basically, it is a type of potent substance. It indicates how important for classification of elements essential to crime is establishment of special target of such crimes that is their qualification as doping. Besides, the article is concerned with the issue of establishment of sanctions for such crimes with liability prescribed by art. 230.1 and 230.2 of the Criminal Code of the Russian Federation, which should comply with identic crimes against public health and public morals.
The methodological framework of the research encompasses a set of scientific knowledge methods, where the dialectical method is the leading one. Methods of general philosophy, general scientific and special juridical methods of research are used in the article. Specific focus was made on comparative and systematic methods of research. The authors have conducted a comparative analysis of criminal and administrative legal norms of liability regulations for violation of anti-doping rules.
Conclusions and suggestions made in the article concern modernization of Russian legislation on liability for crimes prescribed by art. 230.1 and 230.2 of the Criminal Code of the Russian Federation.

Keywords: Improvement of criminal legislation, elements of crime, target of crime, doping, offences categories, types of criminal penalties.

DOI: 10.12737/article_59240bc20e4d83.47193420

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Classification Bases and Types of Сriminalization and Decriminalization  Pdf 16

A. D. NECHAEV

research fellow of the Academy of the Prosecutor General’s Office of the Russian Federation
15, Vtoraya Zvenigorodskaya st., Moscow, Russia, 123022
E-mail: a.d.nechaev@mail.ru

In the recent history of Russian criminal legislation (1997—2016) the activity of political forces in improving criminal legislation can be described as highly active. Over a 20-year period of the operation of the Russian Criminal Code 198 federal amending laws have been adopted. The result of criminalization and decriminalization ((de)criminalization) has been reflected in most of them. Moreover, the political criminal purpose of such changes in the criminal law is not always obvious to the legislator and the scientific community. Classifying the processes of (de)criminalization is a condition for an efficient and consistent implementation of criminal policy (in its legislative and evaluative forms).
The main aim of this research is to work out scientific classification of criminalization and decriminalization, founded on various bases and examples of Russian lawmaking. This aim constitutes the formulation and solution of following objectives: to show the importance of classification for the development of theory and practice of (de)criminalization; to analyze approaches of classifying these processes reflected in the literature; to present a classification map of (de)criminalization.
The methodological basis of the research consists of a universal dialectical method, basic (analysis and synthesis, induction and deduction, systematic approach) and special legal (formal-legal and normative-legal) scientific methods.
The article deals with classification bases of criminalization and decriminalization. As a result of critical rethinking the author suggests six classification bases: the legislative way; the mechanism; the doctrinal way; the trend of realization; the character of realization; the degree of criminal law prohibitions. The article highlights classification groups and types of (de)criminalization, which are accompanied by examples of legislative practice.

Keywords: criminalization, decriminalization, classification, classification basis, types of (de) criminalization.

DOI: 10.12737/article_59240c2fdd22a0.26509633

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Improvement of the Pre-trial Restrictions Institute Prescribed by Chapter 13 of the Criminal Procedure Code of the Russian Federation  Pdf 16

S. I. VERSHININA

deputy rector — director of the Institute of Law of the Togliatti State University, candidate of legal sciences, associate professor
14, Belorusskaya st., Togliatti, Russia, 445667
E-mail: svetlana-vershinina@ya.ru

Having examined the views, submitted in the criminal procedure science, about the nature and purpose of the application of preventive measures and analyzing the criminal procedure provisions regulating the order of application of preventive measures (Chapter 13 of the code), the author comes to the conclusion that there is the presence of apparent defects in the legal regulation of this institution, caused by the imperfection of legal technique and ignoring the specifics of the coercive measures at various stages of criminal proceedings and in relation to different subjects. These defects lead to ambiguous understanding of the essence of coercive action in the criminal process, the presence of gaps and contradictions in legal regulation, and ultimately, to unnecessary restriction of the rights and freedoms of participants in the proceedings.
The solution to this problem is the adoption of a number of legislative amendments that clearly and unambiguously articulate the purpose of the application of preventive measures in coordination with the goals and objectives of the remedial activities at certain stages of proceedings; identification of the basis of application of measures of restraint in respect of different subjects of coercion and with an understanding of their procedural status; securing a causal connection between the occurrence of the grounds and a decision on the application of coercive measures, etc.
As a result, the author comes to the conclusion that it is necessary to form the three institutions of the measures of procedural coercion in the criminal procedure legislation, which can be distinguished by goals, grounds, subjects and procedures for the application: 1) the coercive measure applied to the accused, the suspect in order to ensure their proper conduct during the preliminary investigation and the judicial proceedings; 2) the coercive measures applied to convicted persons, evading from execution of punishment, after the sentence comes into legal force; 3) the coercive measures applied to the persons subject to extradition at the request of a foreign state for legal assistance. On the basis of this study, the author suggests a revision of article the 97 of CPC of the RF.

Keywords: criminal-procedural coercion, restraint, coercion, the goals of preventive measures, prevention, suppression, proper conduct of the accused, the sentence, rendition, extradition.

DOI: 10.12737/article_59240cfc15cbd9.45816068

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Features of the Criminal Procedural Activities at the Sea, on the Territory of the Expeditions and Wintering in Antarctica, on the Territory of Diplomatic and Consular Missions of the Russian Federation  Pdf 16

V. Yu. STELMAKH

deputy head of the Department of criminal procedure of the Ural Law Institute of the Ministry of Internal Affairs of Russian Federation, candidate of legal sciences
66, Korepin st., Yekaterinburg, Russia, 620057
E-mail: vlstelmah@mail.ru

Crimes may be committed at facilities under the jurisdiction of the Russian Federation, where the preliminary investigation bodies (vessels in long voyage, wintering and expeditions, diplomatic and consular missions) are absent. The Criminal Procedure Law provides for subjects which are obliged in such cases to initiate criminal proceedings and to conduct an initial stage of investigation. However, their powers are set out incompletely, there are can be seen obvious conflicts with other rules of criminal procedure. These circumstances require a theoretical understanding and formulation of practical proposals.
The purpose of the research: systematization and concretization of the rules of criminal procedure activities by the bodies authorized to conduct appropriate actions in places of lack of preliminary investigation.
Objectives of the study: clarification of the procedural status of these subjects; analysis of conflicts of norms regulating their criminal procedural activities; development of the evidence-based recommendations for its improvement.
The methodological basis of the study consists of the dialectical materialist method, involving the study of phenomena in the aggregate, taking into account the mutual relations and dependencies. We also used such general scientific methods of scientific cognition as analysis and synthesis, induction and deduction, formal logical method, systemic method. The method of analysis and synthesis is to study the individual properties of the phenomena, and then their general patterns arising from certain properties. The method of induction and deduction lies in the combination of research evidence «from specific to general” and “from general to particular». System method means the study of evidence in systematic link with each other legal phenomena.
The study concluded that: the right of excitation of criminal cases and production of urgent investigative actions have the captains of in long voyage vessels, heads of prospecting parties and winterings, regardless of the form of ownership of a vessel or entity that organized the expedition. If there are any grounds the captain of the vessel has the right to initiate criminal proceedings not only of public but also of private-public prosecution. The captain of the vessel is obliged not only to prosecute and to detain the suspect, but to produce a set of necessary procedural actions. To eliminate existing legislation gaps, it is proposed to consolidate the rule, according to which the detention of the suspect in these situations should be not 48 hours, but calculated till the transfer to the competent law enforcement authorities. It is expedient to provide for the right of the subjects listed in part 3 of article 40 of the Criminal Procedure Code of the Russian Federation, for the production of any investigative actions without obtaining court decisions, and presentation of the results of these actions to the court
after the transfer of the criminal case to preliminary investigation.

Keywords: criminal proceedings, criminal proceedings, preliminary investigation, detention of a suspect, the investigative actions.

DOI: 10.12737/article_59240ca9b171e6.84005490

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Legal Support of Agricultural Development in the Far East  Pdf 16

E. L. MININA

leading 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: ecology8@izak.ru

The author researched trends and opportunities for action by using the legal means for the development of agriculture and of rural areas in the Far Eastern regions of our country.
The specificities of agricultural activities in the Far East which have to be considered in the legal regulation are difficult natural conditions, poor infrastructure, demographic problems. Furthermore ongoing complex of measures for improvement of the region economy must have a most direct impact on the agriculture. Formation of agro-industrial clusters in the Far East can be seen as one of these measures.
There also were analyzed measures stipulated by the Federal law concerning granting to citizens of land plots of state or municipal ownership and located on the territory of the constituent entities of the Russian Federation within the Far Eastern Federal district. Such legal decisions taken by Russia for the settlement and development of the Far East in the late XIX — early XX century, were very successful. But the effect of these measures should be expected primarily in respect of growth in rural areas, increasing the number of private farms of citizens. The author also noted some possible risks of application of norms of the legislation and some ways to neutralize them.
Established normative measures of the state support of agriculture remain one of the key conditions of achievement of the goals for the rising of agriculture in the region. Legislative acts of constituent entities of the Russian Federation within the Far Eastern Federal district, contain a number of interesting decisions on this subject, but to find the optimal directions of the state support of agricultural producers and the development of clear rules of its provision are still relevant. Further improvement of agrarian legislation at the Federal level is very important, in particular the drafting of regulations important for the Far East regions activities, such as agritourism and organic production, as well as clarifying the legal status of small farms.

Keywords: agriculture, rural areas, Far East, agricultural law, land, constituent entities of the Russian Federation, state support.

DOI: 10.12737/article_59240612b42d52.36179719

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Civil Legislation as an Anti-Corruption Instrument: Russian and Foreign Experience  Pdf 16

N. G. DORONINA, N. G. SEMILYUTINA

N. G. Doronina, chief research fellow 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: gis.doronina@yandex.ru

N. G. Semilyutina, head of the Department of civil law of foreign countries 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: foreign3@izak.ru

The article analyses the problems of application of the civil law constructions for anti-corruption. According to authors the civil law should be applied more active. Providing for the transparent relationship between the parties the civil law precludes them from violating legislation and thus seriously impedes corruptive activities. The authors suppose that the application of the form of trust for the economic government of state property would probably make the relationship between proprietors and persons empowered to use the property more transparent. The broader application of fiduciary relations qualification and fiduciary relations models could make fight against corruption more effective.
The authors analyze corporate relations and turn to the Enron case, taking this case as an example of inter corporate corruption. This example demonstrates that certain case of private corporate corruption could have very serious consequences for the national and international financial market. According to the article Sarbanes and Oxley Act represents an example of anticorruption practices.
The development of the regulation of various assets as well as corporate law practices aimed which make economic relations more transparent not only fight against corruption but also improve investment climate. Authors take the foreign and international regulation because it directly aimed at the prosecution of corruptive practices as well as dealing with the civil law regulation.

Keywords: corruption, anti-corruptive practices, civil legislation, fiduciary relations, funds, corporate regulation.

DOI: 10.12737/article_5924175fa12c81.12279460

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Condition and Dynamics of Petty Corruption in the Russian Federation  Pdf 16

E. L. SIDORENKO

head of the Laboratory of criminological analysis and forecasting of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, professor at the Department of criminal law, criminal procedure and criminalistics of the Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: 12011979@list.ru

The analysis of domestic corruption as a special social practice of the relationship between the bribe-taker — a physical person and an official regarding the acceleration or improvement of the quality of the provided social services for a certain remuneration — is conducted in the work. The article forms a number of new scientific provisions that can form the basis for monitoring petty corruption at the federal and regional levels. First of all, we are talking about the definition of petty corruption and its main criminological parameters, as well as the development of a methodology for statistical analysis of corruption. Based on the study of public opinion and the generalization of data on the dynamics, structure and geography of domestic bribery, a number of interesting conclusions are drawn concerning the qualitative transformation and complication of corruption, the displacement of the economic segment by economic ones, and the increase in the level of organized crime. At the same time, the author notes a noticeable reduction in petty corruption with the complication of forms of criminal activity in the areas of real estate registration, external migration, preschool and secondary education.
It expands the functional direction of investigating corruption by assessing not only criminological, but also social and economic parameters. The work outlines the author’s methodology for a comprehensive analysis of corruption and develops forecasts of its development for the short and medium term.
Complex analysis of petty corruption is ensured through the application of a set of general scientific and private scientific methods of cognition. Their combined use made it possible to reveal the systemic properties of domestic corruption and to identify its main dynamic trends.

Keywords: corruption, petty corruption, dynamics, structure, corruption risks, geography of corruption, bribery.

DOI: 10.12737/article_59240d4b35c386.05320634

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Institute of Court Chairmen as an Element of the Organization of General Jurisdiction Court Activity  Pdf 16

O. V. MAKAROVA

leading 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: Makov71@mail.ru

The modern development of the theory and practice of judicial activity is characterized by a lack of scientific development of the Institute of court chairmen as part of the operation of general jurisdiction courts. However, in the current circumstances, the role of court chairmen as the heads of courts increases significantly. This is due to the need to improve their legal status and their role in the operation of courts considering the constitutional status of autonomy of courts and independence of judges.
Analysis of judicial and procedural law has identified a number of issues related to legal regulation of the status of chairmen of the general jurisdiction courts, their procedural and organizational authority over the management of the relevant courts. In particular, requirements for candidates for the position of chairman of the court of general jurisdiction has not received legislative recognition, as well as the requirements to the court chairman, tasks and principles of its activities and other elements of the legal status of officials — the head of the court. The paper examines the discretionary powers of court chairmen in relation to the ordinary judges that, in the author’s opinion, significantly reduce the independence of the latter. It is also noted that the system of administration of courts are distinguished by the extreme opacity of their activities. It also discusses the procedural powers of the court chairman to ensure reasonable time of proceedings.
The methodological basis of this study is a set of scientific methods, among which the leading place takes a dialectical method. The author used general philosophical, general scientific and special legal methods of studies. Special attention was paid to comparative and system methods.
The problems noted by the author are not only due to insufficient legal regulation of the status of the official — the court chairman, but also the lack of a holistic theoretical concept of court management by the chairman that indicates the need for further study of this institute by contemporary legal science.

Keywords: court of general jurisdiction, court chairman, authority, organization, activities, independence of the judiciary.

DOI: 10.12737/article_59240c62cb60a4.84688849

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