Contents of issue # 9/2017

State-Legal Regulation: Grounds and Limits  Pdf 16

Yu. A. TIKHOMIROV

deputy 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, honored scientist of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: utikhomirov@hse.ru

Each state regulates the behavior of citizens and legal entities, thus the state has a purposive impact on the public and other processes. Law as the regulator has the greatest potential of actions, the measure of legal support of public activity is its optimizing factor. The state uses the law to implement its functions and to solve strategic and tactical tasks of socio-economic development. However, there is no uniform approach to defining the limits of the use of legal regulators in different spheres of political, economic and social development in present time. There are no clear criteria of management and regulatory regimes of centralization, decentralization and deconcentration. The researchers are still looking for the optimal measures of state impact on the business, allowing, on the one hand, to ensure its development, and on the other, to eliminate the excessive autonomization of entities and decentralization of legal regulation, leading to disintegration of social ties.
The author identifies the modern directions of legal development, and assesses the correlation of laws and regulations with the aim of identifying the grounds and limits of state regulation. The article focuses on the dynamics of legal risks which arise both at the stage of law-making and law enforcement; stresses the need to foresee and to overcome the legal conflicts; marks the intra-dependency and internal correlation in the legal system. The law binds the governmental activity, that is why it is very important to analyze the legal risks and conflicts. It is really relevant in a multidirectional development of the law, because the law reflecting the diverse development factors — complexity of the institutions, technicalization, social contradictions, etc.

Keywords: legal regulation, law, legislation, state administration, state regulation.

DOI: 10.12737/article_599d7441d27ed3.95243402

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Legal Understanding in the Age of the Revolution  Pdf 16

A. V. KORNEV

head of the Department of theory of state and law of the Kutafin Moscow State Law University, doctor of legal sciences, professor
9, Sadovaya-Kudrinskaya st., Moscow, Russia, 123995
Е-mail: kornev_av@rambler.ru

The author notes that before, during and for some time after the revolution such words as freedom, justice, lawfulness and law were subjected to the most shameless exploitation. In any approach the revolution takes place when power and property are divided. The purpose of all revolutions to redistribute property with the help of power mechanisms. The political class, which feels the strength to resist the existing power and then to take the power into its own hands begins a campaign to discredit existing government. At the same time everything is done in order not to observe current laws which the government supports by the force of legitimate coercion. At this crucial historical moment there is a need for appropriate theories, which are an alternative to “official” legal understanding.
The article deals with a problem of legal understanding in the age of revolutions.
The author tries to clarify approaches to legal understanding existed before February Revolution and events of October 1993. In order to achieve specified concern author analyzes the socioeconomic situation in the state that actualizes supremacy of any legal doctrine.
The methodology of this research is mainly based on applying historical and legal comparative method.
The author takes into conclusion that period exactly before the revolution is characterized by the usage of such legal doctrines that challenge the legitimacy of existed law and order.

Keywords: crisis, revolution, law, legal understanding, political class, reforms.

DOI: 10.12737/article_599d7441e56205.98297737

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Law and Order as an Embodiment of the Ideas of Legality and Necessity  Pdf 16

E. V. SVININ

deputy head of the Department of state legal disciplines of the Vologda Institute of Law and Economics of the Federal Penal Service of Russia, candidate of legal sciences, associate professor
2, Shchetinin st., Vologda, Russia, 160002
E-mail: evsvinin@yandex.ru

At the present time there are not developed criteria and indicators for assessing the condition of the law and order in legal science, which demonstrates the incompleteness of studies of this phenomenon and the absence of a unified theory of law and order. One of the reasons is the dogmatic perception of law and order as a result of the realization of legality. The social and legal nature of the law and order determines the inevitable unity and contradiction of its legal and social grounds, which can be researched using categories of “legality” and “necessity”.
The aim of this paper is to study law and order as an embodiment of the ideas of legality and necessity. To achieve this aim helped the solution of the problems of determining the forms of expressing the ideas of legality and necessity as well as analyze of their influence on the maintenance of law and order.
During the research were used general scientific and private scientific methods of cognition on the fundamental beliefs of such principles of dialectical materialism as objectivity, comprehensiveness of cognition, the bifurcation of the ensemble and cognition of its contradictions.
In the conducted research the polycontextual nature of the legal order is grounded according to which the concept is reasonable to use for characterization of various forms of order manifestation in the legal life of society. The ideas of legality and necessity allow us to see the unity and contradiction of the social and legal nature of law and order. Depending on the context the ideas under consideration acquire specific forms of manifestation in law and order. The variety of forms, their interaction and conflict indicate that the quantitative and qualitative indicators of the conduction of law and order are both in the legal and social spheres. In this regard the development of a system of criteria and indicators of the evaluation of law and order gains applied meaning because it will make it possible to use the law and order as a real means of improving legal regulation and public administration.

Keywords: law, law and order, legality, necessity, public order.

DOI: 10.12737/article_599d7442a89423.04290660

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Reform of State Control (Supervision) in the Russian Federation  Pdf 16

A. F. NOZDRACHEV, S. M. ZYRYANOV, A. V. KALMYKOVA

A. F. Nozdrachev, 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, professor
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: adm1@izak.ru

S. M. Zyryanov, leading research fellow 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, professor
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: adm1@izak.ru

A. V. Kalmykova, senior research fellow of the Department of administrative legislation and procedure of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: adm1@izak.ru

The article is devoted to the reform of state control (supervision) in the Russian Federation. Control and supervision activities have a tangible and, at the same time, extremely ambiguous impact on the economy of the country, which calls for increased attention to the status of the legislation on state control (supervision) of both the state and business entities. Legislation on state control (supervision) is constantly improving, however the work on the draft of a new federal law, begun in 2014, was stopped for a number of reasons.
The purpose of the article is to analyze the development of legislation on state control (supervision), identify trends and basic patterns and determine on this basis the goals and prospective directions for its further development.
The methodological basis of the study is a set of methods of scientific knowledge, among which the dialectical method takes the leading place. General philosophical, general scientific and special legal methods of research are used. Particular attention is paid to the comparative and systematic methods of research. A comparative analysis of administrative and legal norms on the organization and implementation of state control (supervision) was carried out.
The authors examined the stages of modernization of the state control and supervision activities, highlighted current problems in the implementation of state control (supervision), and also analyzed the new draft federal law on state control (supervision) and municipal control. The main novelties of the draft federal law on state control (supervision) and municipal control are investigated, their advantages and disadvantages, their correlation with the adopted concepts and development strategies of legislation, as well as with the legislation of the EAEC.
According to the authors, a number of short stories, including the provisions on the application of a risk-based approach to the organization of control and supervisory activities deserve a positive assessment, at the same time, neither the current legislation nor the draft law forms a complete legal institution of state control (supervision).
The study conducted by the authors allowed to formulate the tasks of the next stage of the reform of the control and supervisory activities.

Keywords: state control, supervision, protection of the rights of legal entities, control and supervisory bodies, verification, risk, risk management system, risk-oriented approach, redundancy of administrative pressure, non-state control.

DOI: 10.12737/article_599d74421f88b5.06552344

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Financial Legal Personality of the Credit Organizations  Pdf 16

S. V. RYBAKOVA

head of the Department of civil law of the Derzhavin Tambov State University, doctor of legal sciences, associate professor
33, Internatsionalnaya st., Tambov, Russia, 392036
E-mail: svrybakova@mail.ru

The article is devoted to the financial legal personality of the credit organizations. In legal science there are different points of view on issues of this problem: discussions relate to the content of the legal personality of the credit institutions in general, and the legal personality of the credit institutions due to the different branches of law.
The financial legal personality of the credit organizations depends of the fiscal interests of the state, the ensuring the stability of the banking system, the functioning of the monetary system of the state. This concern the timely filling of the budget system, the quality realization of the individual public liabilities, the financial soundness of the credit institutions, the credibility of banks, the stability of the national currency, and several other functions. Participation of credit institutions in relationship is determined by the law, and in some cases it depends of the will of the banks themselves.
In this regard, it is important to define the concept, types and content of the legal personality of the credit organizations as the subjects of various branches of law, especially financial law.
The author starts the study from the position that defines the civil legal personality of credit organizations as a basic design; the financial legal personality goes from it. These are a few examples in the article which confirm this position. In order to understand each type of financial legal personality of the credit organizations the author makes the analysis of the provisions of budgetary, tax, bank legislation. For creating the concept of legal personality of the financial credit organizations the author allocated the elements of financial legal personality. As a result he shows available types of it: active, passive and competency.
There are also the characteristics of the proposed types: ground of legal relations (rights, duties, powers). To describe other types of financial legal personality of the credit organizations the author proposes the concept of complex social relations. Such relationships contribute to a comprehensive legal regulation, formation of legal systems. The author introduces the concept of the accessory and subsidiary legal personality of the credit organizations.

Keywords: legal personality, financial legal personality, financial law, credit organization, legal personality of the credit organization.

DOI: 10.12737/article_599d74420102b9.21368460

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United Nations Convention on the Rights of Persons with Disabilities (CRPD) and the Development of Inclusive Education in the Russian Federation  Pdf 16

N. S. VOLKOVA, E. V. PULYAEVA

N. S. Volkova, deputy head of the Department of social 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: volkova@izak.ru
 

E. V. Pulyaeva, leading research fellow of the Department of social 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: elena.pulyaewa@ya.ru

The issues of the development of inclusive education in the Russian Federation in the aspect of implementing the norms of the United Nations Convention on the Rights of Persons with Disabilities are considered. The authors disclose theoretical and practical problems of the development of inclusion in education through the prism of domestic and foreign experience. In the focus of authors' attention is the transformation of the idea of inclusive education from the joint education of persons with disabilities and persons without such restrictions to adapted training depending on educational needs.
The features of inclusive education in Russia as a predominantly integrative one are analyzed. Practice is being investigated and shortcomings in the regulatory and legal regulation of inclusion at the federal level and the level of the constituent entities of the Russian Federation are revealed. The content of the concept of “special training conditions” is considered. Particular attention is paid to the development of inclusive education in vocational education and vocational training.
The purpose of the article is to identify the current state of the regulatory legal regulation of inclusive education in the Russian Federation and the prospects for its development. Among the tasks: the study of the approaches to understanding inclusive education that has developed in the world practice; an analysis of the historical prerequisites for transforming the idea of the general availability of education to inclusiveness as a key principle of the education system, reflected in international instruments and national legislation; the study of the Russian practice of regulating the education of persons with disabilities at the federal level and the level of the constituent entities of the Russian Federation.
One of the main methodological methods of research in the article is the comparative approach. In the comparatively legal way the legislation of foreign states regulated the issues of inclusive education is analysed. The correlation between the norms of international law and the legislation of the Russian Federation regarding the implementation of the last principles of inclusive education, enshrined in international legal instruments, is revealed.
According to the results of the study the following key conclusions are made: 1) the development of inclusive education in Russia is carried out mainly by creating special educational conditions for children with disabilities; 2) in the Russian educational space an integrative model for the education of children with disabilities is emerging proceeding from the concept of adapting the learner to the educational system; 3) to create a “truly” inclusive model of education in Russia real changes in thinking and learning culture are necessary; it requires a paradigm shift of exclusive education to inclusive education.

Keywords: inclusive education, persons with disabilities, special training conditions, mainstreaming in education, adapted educational program.

DOI: 10.12737/article_599d74422fb5a9.61899817

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Typical and Exemplary Forms of an Employment Contract: Current Issues of Application  Pdf 16

S. N. ERYOMINA

associate professor at the Department of civil proceedings and labor law of the Law faculty of the Southern Federal University, candidate of legal sciences
105/42, Rostov-on-Don, Bolshaya Sadovaya st., Russia, 344002
E-mail: sneremina@bk.ru

The current labor legislation of the Russian Federation uses the term “form of an employment contract” in several semantic meanings. First, the term is used as a way of existence of its content which is inseparable from it and serves as its expression (written form). Second, it is used as a certain agreement that corresponds to a certain pattern (typical and exemplary forms). At the same time, the specifics of formalization of labor relations are such that the written form of the employment contract, being mandatory, does not affect the fact of the conclusion of the employment contract. In this regard, if the employee was actually allowed to work with the knowledge or on behalf of the employer or his authorized representative, and the employment contract was not properly executed, then the employee and the employer are in labor relations. At the same time, formalization of labor relations on the basis of a typical or exemplary form of an employment contract raises certain questions related to the establishment of its specific content.
The objectives of the study of this problem are the elimination of possible difficulties in concluding an employment contract on the basis of the “model” and “exemplary” forms of the employment contract and the formulation of proposals for improving existing labor law standards. The task of the article is to improve the existing regulations so that the name of the specified documents (employment contracts) is consistent with their content. This will facilitate understanding of the parties in the negotiation process for the conclusion of the employment contract.
In the course of the research the author uses methods of scientific research: dialectical, comparative legal, formal legal, analysis and generalization of judicial practice.
Based on the analysis of the current legislation and the normative legal acts that regulate the issues of signing and formalizing employment agreements, the author concludes that the terminology of these forms of employment agreements is unacceptable. Thus, the author proposes that the term “unified” or “standard” form of the employment agreement be included in the law.

Keywords: employment agreement, forms of employment agreements, an exemplary form, standard (typical) form, unified form.

DOI: 10.12737/article_599d74424126c8.78772812

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Normative and Legal Definition of a Transport Infrastructure Objects’ Public Place as a Locus Delicti  Pdf 16

Yu. V. TRUNTSEVSKY, R. V. POLTARYGIN

Yu. V. Truntsevsky, leading research fellow of the Department of countering corruption methodology 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: trunzev@yandex.ru

R. V. Poltarygin, associate professor at the Management Academy of the Ministry of Internal Affairs of the Russian Federation, candidate of legal sciences
8, Kosmodemyanskikh st., Moscow, Russia, 125171
E-mail: press_akadem@mvd.gov.ru

The complexity of defining the concept of a “public place” as the locus delicti is that it does not have legislative regulations and is determined on the basis of the content of legal norms of various branches of law that establish a list of public places in relation to specific articles of law.
The main objective of the study is to develop proposals for increasing the efficiency of the registration and accounting discipline at transport facilities by highlighting the essential characteristics of a public place and its sorts, depending on the regulation.
Methods of research were monitoring, analysis of statistics, processing of research results.
The work substantiates proposals aimed at uniformity of rules for determining the locus delicti, depending on its belonging to the public place, and also, in order to improve the efficiency of the registration and accounting discipline at transport facilities. Based on the analysis of the sphere of drug trafficking and weapons and ammunition, changes are proposed to Section III of the Instruction on the procedure for filling in and submission of recording documents approved by Appendix No. 3 of the Interdepartmental Order No. 39/1070/1021/253/780/353/399 “On the Single Record of Crimes” with regard to the definition of crimes that should not be considered as committed in public places by fixing in it the criteria for excluding from the transport infrastructure places, which in purpose to record a crime (execution of a statistical card) cannot be attributed to the public places. In addition, it is proposed to give further supplementary expositions of public places for permanent and periodic use.

Keywords: public place, transport infrastructure, drug trafficking, illegal circulation of arms and ammunition.

DOI: 10.12737/article_599d74424ef8d3.98556255

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New Threats of Transport Security  Pdf 16

M. S. FOKIN, N. S. RYAZANOV

M. S. Fokin, associate professor at the Department of civil law and criminology of the Dostoevsky Omsk State University, candidate of legal sciences
55A, Prospekt Mira, Omsk, Russia, 644077
E-mail: mf-omsu@mail.ru

N. S. Ryazanov, assistant prosecutor of the Arkhangelsk region on organizational matters and performance monitoring
15, Novgorodsky ave., Arkhangelsk, Russia, 163002
E-mail: rns87@yandex.ru

Transport security, which is a part of public and state security, needs detailed legal regulation. The current Russian legislation relies on sectoral regulation of transport relations. However, terminologically and meaningfully the norms of different industries governing the creation, use of vehicles, as well as the responsibility for threats to transport security, are contradictory and casuistic. Antiterrorist legislation has a great deal of assistance in neutralizing threats to transport security, but its potential in the described relations is not unlimited. A change in the situation is possible only through a comprehensive reworking of the regulatory framework that regulates transport relations. Priority is that you are constantly in constant contact, as well as the rapid development of technology and technology. Partly with this norm-setting activity, the experience of other countries can be used. For example, this concerns unmanned aircraft, self-controlled transportation systems, water drones and other new and   new modes of engineering and technology. A lot of actors, while making decisions in the creation and operation of these modes of transport, associated it with a violation or causing damage. At the same time, most of the references about new types of transport and transport technologies in the domestic legislation are contained in the program documents. The creation of normative acts of a regulatory nature is unreasonably late, which is unacceptable.
The purpose of the study is to develop recommendations on legislation and legislative standards in the field of transport security, the adoption of precautionary and preventive measures by authorized bodies to achieve the goals of safety and security, as well as to ensure the safety of flights.
Research methods are: dialectical method of scientific knowledge, methods of analysis and synthesis, system-structural, formal-logical, comparative-legal and other methods.
There is a need to regulate the new threats to transport security, the detailed legal regulation of the operation of unmanned vehicles, the creation of appropriate databases on them and their acquisition, the raising of the effectiveness of the explanatory work of authorized bodies, the strengthening of criminal liability for crimes involving the use of drones, the definition of types and limits of liability Subjects involved in the development, operation and maintenance of UAVs and their software.

Keywords: transport safety threat, the object of criminal law protection, equipment, technologies.

DOI: 10.12737/article_599d74420e7742.12408973

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Objective and Subjective Dialectics in the Legal Interpretations of the Court  Pdf 16

V. V. LAZAREV

head of the Department of implementation of judgments by courts of justice into the law of the Russian Federation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, professor, honored scientist of the Russian Federation
22/24, Bolshoy Kharitonievsky lane, Moscow, Russia, 107078
E-mail: lazarev@izak.ru

The problem of the objective and the subjective relationship in legal acts remains so far virtually unexplored. Meanwhile, resolving this issue allows to avoid erroneous decisions both in law-making and in law-enforcement sphere.
The author limits the subject (in particular, the purposes and objectives) of this study to acts of the judiciary focusing on that part of these acts where a normative or individual interpretation of law is given.
In the article interpretative acts of the court are considered broadly: the relevant court activity on the understanding of law, expressed in the decisions rendered by the court, and thus, the subjective composition of the interpretative acts that include courts of all levels. For the purpose of an article, (1) objective knowledge is considered as the one which confronts a particular subject, i.e. what took place before and its infinite being that has developed under the influence of different factors; and (2) the subjective is what comes from this subject. A dialectical approach to their relationship presupposes both their unity and opposition and moreover the mutual transition of one into another. At the same time, the law, legal relations, legal processes, all legal phenomena (including interpretative acts of the court) are very specific precisely because of the features and the ratio of the objective and subjective components. The author considers these issues through the prism of opposition to normativism and legal realism, involving the relevant positions of domestic and foreign researchers.
The formulation and solution of the problem of the objective and the subjective relations in law requires a general philosophical analysis (in opposition to materialism and idealism, metaphysics and dialectics), but specific conclusions and recommendations are based on the author's use of formal legal and comparative research methods.
Philosophical and theoretical issues of the objective and the subjective relationship in legal acts in general and in the interpretation, in particular, are examined for the part in which the interpretative acts of the court can and should be implemented in the Russian legislation. The main conclusion is to substantiate the integrative perception of legal realities in accordance with the conditions of the place and time of confrontation between the subjective and the objective.

Keywords: natural law, positive law, legal act, normative act, interpretation, legism, normativism, legal realism, integration.

DOI: 10.12737/article_599d74425cebe7.42442244

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Montreal Convention for International Carriage by Air as a Part of Legal System of Russia  Pdf 16

N. N. OSTROUMOV

professor at the Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation, doctor of legal sciences
76, Vernadsky ave., Moscow, Russia, 119454
E-mail: nostroum@gmail.com

In light of Russia’s adherence to the Convention for the Unification of Certain Rules for International Carriage by Air adopted at Montreal on 28 May 1999 (“Montreal Convention”) and the integration of the Montreal Convention into the Russian legal system, this article provides a short but in-depth analysis of the Montreal Convention in comparison with the Warsaw Convention 1929 for the Unification of Certain Rules for International Carriage by Air and the Russian legislation.
The author (a) provides the scientific and theoretical evaluation of the legal mechanisms created by the Montreal Convention in order to facilitate their correct use and application, (b) identifies the fundamentals and the advantages of the new set of rules for international carriage by air, and (c) nalyses the legal, socio-economic and political consequences of Russia’s adherence to the Montreal Convention and the strategic goals of the Russian legislation and case law. A central part of the article is taken by such issues as the carrier’s liability towards passengers for death and personal injury, cargo and baggage claims, late delivery, recovery of damages. The article also covers the issue of claims against the carrier, and the insurance of carrier’s liability.
The research is based on the methods that include dialectical, historical, logical, legal, comparative and technical analysis, functional, systematic and structural approach, analogy, synthesis and legal modeling.
The article provides the conclusion that even though certain rules of the Russian legislation are in conflict with the Montreal Convention, the Montreal Convention would still be applicable in the Russian legal system based on Section 4 of Article 15 of the Russian Constitution, but such rules of the Russian legislation prejudice the interests of the state and its citizens and require further improvement.

Keywords: law, air carriage, liabilities, passenger, cargo, insurance, Montreal Convention, Warsaw Convention.

DOI: 10.12737/article_599d74426b28d8.24334900

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Sense of the Bilateral Treaties on Protection of Investments and its Perspectives  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 is devoted to analysis of the role of bilateral agreements in the improvement of the investment climate and the protection of national interests of the state. Reconsideration and reassessment of the role of such agreements in present time determine the relevance of the article.
The international system of investment protection was founded by the States which are the exporters of capital for protection of the foreign investors. Currently these agreements are really important as an effective tool for solving social problems in the countries — recipients of capital. The activity of the large transnational companies (TNCs) determines the appearance of the new trends of such treaties by taking into account the social needs of the contracting states in new models of the bilateral treaties.
The basis of the authors’ analysis is the international standards. This way of the analysis allows identify areas for improvement. The authors rightly pay attention to the fact that the models of agreements on protecting of the private investor rights are replacing by the agreements with different terms, corresponding to the principle of material reciprocity. Also the analysis of concluding of the agreement with foreign States is of great interest, in particular Indian model.
On the basis of the analysis of changes in Russian legislation and the agreement establishing the Eurasian Economic Union, the authors formulate their proposals on improving the Russian legislation. It is very important to follow a unified concept of investment protection and investor rights in the Eurasian Economic Union in the process of improving the Russian legislation. There are three protocols to the Treaty establishing the Eurasian Economic Union, which are regulating the investment system, and each of these protocols relates to the regulation of direct and portfolio investment, currency regulation. In accordance with the current international experience, it would be useful to develop a model agreement on investment protection for EEU Member-States, reflecting the unified investment policy of them. The article also offers to base the investment policy on the principle of material reciprocity.

Keywords: bilateral agreements on protection of investments, International Centre for the Settlement of Investment disputes (ICSID), settlement of investment disputes.

DOI: 10.12737/article_599d74427a3661.81423193

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Role of Ethical and Moral Rules with a View to Ensuring the Compliance of Anti-Corruption Prohibitions, Restrictions and Requirements  Pdf 16

N. N. CHERNOGOR, M. V. ZALOILO, O. A. IVANYUK

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

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, candidate of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: z-lo@mail.ru

O. A. Ivanyuk, 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, candidate of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: isidora@yandex.ru

The article discusses the role of ethical and moral standards with a view to ensuring the compliance of anti-corruption prohibitions, restrictions and requirements. This topic is of high importance in a light of the necessity of moral basis formation of the state (municipal) officer’s behavior. The relevance of such researches is doubtless and confirmed by the inclusion in the National Anti-Corruption Plan for 2016—2017 of measures, aimed at strengthening of the impact of ethical and moral rules respecting the anti-corruption prohibitions, restrictions and requirements by state (municipal) officers.
The authors analyze the sources of ethical and moral standards of behavior of state (municipal) officers; prohibitions, restrictions and requirements established in order to counter corruption; ethical and moral foundation of behavior of state (municipal) officers. The article provides a classification of the measures of impact of ethical and moral rules for state (municipal) officers on ensuring the compliance of anti-corruption prohibitions, restrictions and requirements.
The authors set out the following conclusions: the sources of ethical and moral standards of behavior of the state (municipal) officers are the normative legal acts, the system of anti-corruption education, the mentality of the state (municipal) officer, traditions and religious norms; in Russian legislation there is a system of the prohibitions, restrictions and requirements established in order to counter corruption, based on compliance with ethical and moral rules; the system of the ways of impact of ethical and moral rules on ensuring the compliance of anti-corruption prohibitions, restrictions and requirements for state (municipal) officers includes legalized moral rules (mandatory and voluntary) as well as not legalized moral norms, compliance with which depends solely on a will of their carrier.

Keywords: anti-corruption, ethical rules, moral rules, legal consciousness, morality, state officer, municipal officer, code of ethics, prohibitions, restrictions, requirements.

DOI: 10.12737/article_599d74428a0cb8.57783439

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Opportunities of the Mass Media as an Institution of the Public Anticorruption Control  Pdf 16

S. N. SHEVERDYAEV

associate professor at the Department of constitutional and municipal law of Law faculty of the Lomonossov Moscow State University, candidate of legal sciences
1, Leninskie gory, Moscow, Russia, 119991
E-mail: tutorconst@yandex.ru

The article substantiates the thesis that the opportunities of the mass media as a tool for effective anti-corruption control can be disclosed only if the media is transformed into an institution of civil society in Russian legal theory, legislation and practice.
Present study is aimed on presentation of the most important arguments concerning this thesis. So, first, the author provides a number of arguments showing that the mass media, in contrast to other state, private and public institutions have a specific identity, which makes it the most effective Institute of public anti-corruption control. Secondly, the author justifies the necessity of institutionalization of relations concerning the exchange of socially relevant information by the same way as organizational ensuring of realization of such political rights as freedom of association. Also the article contains the arguments in favor of the mass media as a central, truly public part of a complex “geometry relations” for production and distribution of information on behalf of the state and on behalf of the business. Thirdly, the author provides a sizeable portion of pan-European regulation, formed over several decades of the existence of the Council of Europe (Recommendations of the Committee of Ministers, Decisions of the European Court of Human Rights), and proposes to use it as a legal guidelines to convert the mass media into a full-fledged Institute of social corruption control in Russia.
The study used sociological, historical-legal and comparative methods.

Keywords: mass media, institutions of civil society, anti-corruption control, freedom of speech, freedom of the media, European Court of Human Rights.

DOI: 10.12737/article_599d74429a9a86.66417543

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Problems of Improvement of the Administrative Legislation in the Context of Ensuring the Effectiveness and Efficiency of Public Administration  Pdf 16

A. F. NOZDRACHEV, P. P. KABYTOV

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