Contents of issue # 2/2018

Law and Digitalization: New Challenges and Prospects  Pdf 16

E. V. TALAPINA

leading research fellow of the Institute of State and Law of the Russian Academy of Sciences, doctor of legal sciences, doctor of law (France)
10, Znamenka st., Moscow, Russia, 119019
E-mail: inform@igpran.ru

The article focuses on the state of the modern Law in the conditions of digital technologies which transform existing State and social institutes. The author sets the purpose to investigate the digital technologies influence on contents and a structure of Law, underlining the new advantages and challenges connected with the digital technologies use in legal practice; possible options are being offered for legal regulation of various aspects of the legal subjects’ status, legal regime of objects of law and virtual legal relationship. The analysis of process and main directions of digital technologies penetrations into branches of Law, recognition of connecting a role of the Information Law in a system “public - private”, use of general scientific and special legal methods, including methods of Comparative Law, guide the author to more general conclusions about the state of the Law in general. As a result of the research the value of digitalization for the Law system and advantages and risks of use of digital technologies in various branches of Law is revealed. The author considers that concerning new objects of law (cryptocurrency, new things created by means of digital technologies) there will not be enough adaptation of existing rules, development of new ones will be required. In view of augmentation of contradiction between the information freedom and the right to private life protection the problem of human rights protection in the digital era comes to the forefront. The probability to apply the right of private property to personal data of virtual personality, the influence of “smart contracts” particularities (concluded without person’s participation) on the contract definition in Civil Law is estimated. Nowadays the government can’t be limited to guarantying access to public information because technologies of big data processing cause transition to the principle of “openness by default”. Marking problems of the Internet Law, the author pays attention to risks for classical theory of the State sovereignty in connection with emergence of “cyberspace” category. The author proves that influence of technology factor leads the traditional Law to transformation.

Keywords: digitalization, digital technologies, Internet, branches of Law, Internet Law.

DOI: 10.12737/art_2018_2_1

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State and Legal Doctrines of XIX — Early XX Centuries in Russia: Take on the Development Methodology and Practical Applicability  Pdf 16

E. A. APOLSKIY

head of the Department of theory and history of state and law of the Rostov branch of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
26, Soborny lane, Rostov-on-Don, Russia, 344002
E-mail: apolski@mail.ru

The problem of searching for an effective methodology for the identification, systematization and analysis of state and legal doctrines of Russian scholars of the XIX and early XX centuries is considered. Their works was focused on various problems and issues of the pre-revolutionary science of state law and found expression in master's and doctoral dissertations, published in monographs and articles in the periodical legal scientific press. Despite the available research to date on individual state-legal doctrines of the Russian Empire, their complex study, general theoretical analysis and systematization is required, which is possible only if there is a proven methodological basis. The purpose of this article is to present the stages and results of the author's approach to the identification, systematization and evaluation of state-legal doctrines of Russia in XIX - early XX centuries, which can be used as a basis for carrying out similar studies in relation to other sectoral legal doctrines. Algorithms of interpreting legal texts and formal and logical tools were used as methods. The article attempts to substantiate the algorithm for obtaining systematic knowledge of the entire complex of state and legal doctrines of the designated period. Priority and poorly developed sections of the pre-revolutionary science of state and law have been identified, the features of dissertational and monographic studies, and the specifics of work with articles in the periodic legal scientific press have been revealed. The issues of the effectiveness of state-legal exercises are separately touched upon and a mechanism for using the forms of scientific knowledge obtained in the past is proposed to determine the novelty and relevance of the studies conducted today.

Keywords: state-legal doctrines, the science of state law, the thesis, monograph, scientific article, the form of scientific knowledge, the Russian Empire.

DOI: 10.12737/art_2018_2_2

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Inter-Branch Legal Nature of the Confiscation  Pdf 16

O. A. KUZNETSOVA, V. V. STEPANOV

O. A. KUZNETSOVA, professor at the Department of civil law of the Perm State University, doctor of legal sciences, professor
15, Bukirev st., Perm, Russia, 614990
E-mail: grazhdanskoe.pravo@gmail.com

V. V. STEPANOV, associate professor at the Department of criminal law and prosecutorial of the Perm State University, candidate of legal sciences
15, Bukirev st., Perm, Russia, 614990
E-mail: criminalaw@mail.ru

The private property right is a fundamental economic human right and is acknowledged, protected and guaranteed by the Constitution of the Russian Federation. Thus, this right is not absolute and is subject to limitations, including its forced termination. The confiscation is one of the legal reasons for the forced compensation - non-repayable termination of the property right. The constitutional necessity to protect the property right requires the law to establish clearly and explicitly the reasons, conditions, limits and procedure of abridging the right by the state. When it comes to the confiscation, this task gets even more complicated due to its inter-branch legal nature, which should be taken into account both in general legal researches and specific researches within a branch of law. The purpose of the research is to reveal the inter-branch legal nature of the confiscation as a sanction for the offence and as a reason for the forced property right termination. The research tasks are: to compare the contents of the confiscation concept used in public and private laws; to discover the inter-branch legal features of the confiscation; to justify the necessity to differentiate between the confiscation and the non-repayable property seizure of non-confiscation character. Along with the general scientific methods of cognition, the article uses the inter-branch legal analysis method which proves that the current Russian legal institution of forfeiture is a bundle of normative puzzles, mismatches and contradictions; the very notion of the confiscation does not have clearly defined limits, the number of its characteristics is not constant and is changed by the legislator for public needs with no sufficient protection of the owner’s rights. The doctrinal notion of the confiscation is proposed as the forced non-repayable seizure of the owned property for the state ownership (including the already used property and the property intended for the criminal activities). It is practiced by the court as a sanction for the offence committed by the owner. In the authors’ opinion, the confiscation should be differentiated from other types of the non-repayable seizure of property for the public ownership (removal), through the legislation establishing the reasons, the conditions and the order of exercising every such measures of concerning public enforcement.

Keywords: confiscation, non-repayable property seizure, public enforcement, forced termination of the property right, inter-branch links.

DOI: 10.12737/art_2018_2_3

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A Reform of Legislation on Non-Profit Organizations: Issues and Prospects  Pdf 16

E. E. NIKITINA, E. V. OBOLONKOVA

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

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

This article discusses the most acute problems of legal regulation of the non-profit organizations’ status that have a dual nature, are a form of realization of the constitutional right of Association - and at the same time, active participants of civil turnover. In this regard the authors analyze the recent reform of civil legislation related to adoption of the Federal law from 05.05.2014 No. 99-FZ, which became the consolidation of a comprehensive list of nonprofit organizations and their division into corporate and unitary. The authors evaluated the pros and cons of the changes and made conclusion about the need for changes in special laws containing provisions on the organizational and legal forms of nonprofit organizations. The draft Federal law No. 207015-7 “On amendments to the Federal law «On noncommercial organizations»” developed by the Ministry of justice is considered separately. Also there is an assessment, in light of recent legislative changes, of certain types of nonprofit organizations, especially the legal provisions which are due to peculiarities of their financing: socially oriented non-commercial organizations; implementing public services, non-profit organizations acting as foreign agents. It is concluded that there is a number of unsuccessful innovations in this field and there is a need to adjust certain provisions of the law. The General conclusion made by the authors is the need for complete reform with regard to initially set goals and systemic improvement of the legislation containing provisions on the legal status of non-profit organizations.

Keywords: non-profit organizations, reform of legislation, socially oriented non-commercial organizations, non-commercial organizations acting as foreign agents, a comprehensive list of nonprofit organizations, division of non-profit organizations into a unitary and corporate.

DOI: 10.12737/art_2018_2_4

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New Approach to the Classification of Property Right Objects  Pdf 16

S. V. BORODKIN

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

Rapid development of scientific and technological progress leads to the introduction of fundamentally new objects into civil-law transactions. The rights to these objects require separate protection. The current level of legislative activity does not always allow prompt determination of these objects’ legal nature and consequently the legal regime applicable to them, especially in the case of relations with a foreign element. As part of the reform of Russian civil legislation, considerable attention is paid to the matters of property rights in private international law. This article examines the changes in the Russian law in the context of approaches that are used in common law countries and international jurisprudence to solve similar problems. The article is based on a comparative legal analysis of the norms of foreign and Russian legislation, as well as the study of applicable judicial practice on the protection of property rights. In addition, other general and specific scientific methods are used, including dialectical and formal legal methods, the method of generalization, deduction, analysis and synthesis. The author comes to the conclusion that changes in Russian legislation related to property rights in private international law can contribute to strengthening the protection of the rights of Russian legal entities operating abroad. In addition, the consolidation of the lex rei sitae conflict principle as universally applicable to property rights provides sufficient flexibility in the regulation of certain types of legal relations and allows taking into account the specifics of new objects involved in civil-law transactions.

Keywords: property rights, civil law reform, lex rei sitae, conflict rules.

DOI: 10.12737/art_2018_2_5

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Disciplinary and Administrative Liability of Federal and Municipal Employees: Issues of Efficiency  Pdf 16

S. E. CHANNOV

head of the Department of service and labor law of the Stolypin Volga Region Institute of Administration — the Branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, doctor of legal sciences, professor
23/25, Sobornaya st., Saratov, Russia, 410035
E-mail: sergeychannov@yandex.ru

The issues of comparative effectiveness of disciplinary and administrative responsibility as a means of law enforcement in the system of federal and municipal service are considered. The emerged practice to refuse the federal and municipal employees in voluntary resignation if their work are being checked on the subject of anticorruption compliance are criticized as contrary to the principle of freedom of labor. The purpose of the study is to determine whether the development of the institution of legal responsibility of federal and municipal employees demands to reduce the importance of one or another type of responsibility in favor of another. In the article a dialectical method, methods of formal logic, as well as a comparative method are used. The author concludes that administrative and disciplinary responsibility of federal and municipal employees should not be contradistinguished. Each type of responsibility has its own goals and objectives. At the same time, the institution of disciplinary responsibility at the federal and municipal service objectively requires development. In particular, this should be manifested: 1) in the introduction of elements of publicity and openness in the implementation by the disciplinary authority its disciplinary powers; 2) in reducing the disciplinary powers of representatives of the employer according to disciplinary offenses of a public nature and directly encroaching on the proper functioning of the federal and municipal service; 3) in introduction of a new disciplinary penalty in the form of deprivation of the right to replace the posts of the federal and municipal service for a certain period, which should be applied as an additional one.

Keywords: public service, municipal service, disciplinary responsibility, administrative responsibility, loss of trust.

DOI: 10.12737/art_2018_2_6

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Depriving a Civil Servant of the Class Rank and Recovery in It  Pdf 16

D. I. KOVTKOV

adviser of the Division of legal department of the Ministry of Defence of the Russian Federation, 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: Dimak1982@yandex.ru

 

The article considers the procedure and conditions for the deprivation of a citizen (a civil servant) of class or diplomatic rank. The author notes that the Criminal Code of the Russian Federation does not provide a deprivation of the civil servant of diplomatic rank, since it refers only to the possibility of deprivation of special, military or honorary title, class rank and state awards. The article notes that the legislation does not establish a clear procedure for an execution of the sentence on deprivation of civil servant of the rank, which causes a number of difficulties. So, it is not clear how should act an official or body awarded a class rank, received a copy of the sentence on deprivation of the rank. Is it enough to make an entry in a personnel file or need to adopt a legal act on deprivation of class rank. Is it necessary to make notice about deprivation in an employment book and what to do if a citizen on the date of entry of judgment into legal force was dismissed or resigned from the civil service. The author also notes that a court when passing sentence on deprivation of the civil servant of the rank should in any case examine the question of the order of assignment of class rank. If the court determines that the rank was assigned according to the results of the qualifying examination so the court doesn’t have a right to deprive such convicted servant of the rank. The author also discusses the need to empower with deprivation authority not a court, but persons and bodies that awarded a class rank, as the court according to its inner conviction can’t abolish a total assessment of the citizen (civil servant) by the person or body awarded a class rank.

Keywords: public civil service, civil servant, deprivation (restoration) of the class rank, the face of the appropriated class rank, the execution of punishments.

DOI: 10.12737/art_2018_2_7

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Special (Private-Public) Legal Framework for the Application of Criminal Law in the Sphere of Entrepreneurial and Other Economic Activities  Pdf 16

A. S. ALEXANDROV, I. A. ALEXANDROVA

A. S. ALEXANDROV, professor at the Nizhny Novgorod Academy of the Ministry of Internal Affairs of the Russian Federation, doctor of legal sciences, professor
3, Ankudinovskoe shosse, Nizhny Novgorod, Russia, 603950
E-mail: anrc@rambler.ru

I. A. ALEXANDROVA, professor at the Nizhny Novgorod Academy of the Ministry of Internal Affairs of the Russian Federation, doctor of legal sciences, associate professor
3, Ankudinovskoe shosse, Nizhny Novgorod, Russia, 603950
E-mail: iren-nno@mail.ru

The state seeks to create special organizational-legal mechanism of combating crime in the sphere of economy built on discretionary basis, but this is in contradiction with the principle of publicity of criminal procedure regulation of social relations. In the publication the authors attempted to reveal the basic contradiction of the newly established legal mechanism for bringing to criminal responsibility for crimes committed in the sphere of entrepreneurial and other economic activities and to specify a solution to it. The objectives of this study are: 1) analysis of criminal and criminal procedural legislation, regulating the criminal responsibility of the perpetrators of crimes in the sphere of entrepreneurial and other economic activities; 2) review of the explanations given by the Plenum of the Russian Supreme Court in its decision of 15 November 2016 No. 48; 3) study of investigative and judicial practice on criminal cases about crimes of this category; 4) identification and description of the main parts of the mechanism of criminal responsibility for crimes committed in the sphere of entrepreneurial and other economic activities; 5) an explanation of the legal nature of mechanism of criminal responsibility for crimes committed in the sphere of entrepreneurial and other economic activities; 6) the establishment of a system of relations and conflicts between individual elements of the legal mechanism of the criminal responsibility for crimes committed in the sphere of entrepreneurial and other economic activities; 7) develop proposals to resolve the problems of legal regulation of legal activities for the criminal prosecution for crimes committed in the sphere of entrepreneurial and other economic activities. When writing the article, general methods of scientific knowledge were used: inductive, deductive, analysis, synthesis. As private methods, legal-dogmatic, comparative-legal, and also various methods of interpretation were used: systemic, grammatical, etc. At the moment, a unified organizational and legal mechanism of criminal responsibility for crimes committed in the sphere of entrepreneurial and other economic activities, no. There are significant differences among individual treatments, institutes him. The Plenum of the Supreme Court made a broad interpretation of several provisions included in this mechanism (part 11 of article 108, article 281 Code of Criminal Procedure, article 761 of the Criminal Code) than aggravated these contradictions. It is necessary to lead to the harmonization of the provisions included in this legal framework, together with the principles of criminal law and criminal procedure to legal regulation.

Keywords: organizational-legal mechanism, entrepreneurial activity, private-public prosecution, criminal proceedings, criminal prosecution.

DOI: 10.12737/art_2018_2_8

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The Continuity of Judicial Proceedings as an Intersectoral Principle of Proceedings  Pdf 16

T. Yu. VILKOVA

associate professor at the Kutafin Moscow State Law University, candidate of legal sciences, associate professor
9, Sadovaya-Kudrinskaya st., Moscow, Russia, 123995
E-mail: tvilkova@yandex.ru

The continuity of judicial proceedings, holding a high guaranteed importance for the assurance of passing a conscience-based court decision, is set up differently by the law for different categories of legal processes: while taking effect in civil and constitutional processes, it is not present in other processes. Meanwhile, regarding principal issues of the implementation of judicial power, including continuity, a unified conceptual approach for all types of processes should be developed. The purpose of the study is to substantiate the suggestions to unify the statutory regulation of the continuity of judicial proceedings for different types of process in order to ensure a balance between observing procedural time lines, on the one hand, and the court's integral perception of circumstances significantly important for the case, on the other. The authors make use of historical, legal, logical, comparative legal, and formal logical methods, as well as the methods of deductive and inductive reasoning. The research substantiates the suggestion to determine certain case categories in all types of legal processes which require an increased level of protection of the guaranteed rights of participants, by which a legal proceeding should take place incessantly. Among criminal cases, the ones that can be included into such a category are those where the general procedure of the legal proceedings is applied, as well as those cases involving minors. Continuity is not required for cases reviewed by jury courts, since the jury participates only in the proceedings of one case, and the adjournments cannot significantly impact the integrity of perception of proofs by non-professional judges. Also, it is not required for special short procedures of judicial proceedings, taking into account the specific proof process for such cases. For cases, which allow a departure from the continuity principle, it is necessary to regulate the grounds for announcing adjournments during court proceedings, the circle of participants, upon whose initiative the adjournment may be declared, the procedure for declaring an adjournment, and the maximum adjournment period, which, if exceeded, shall result in the proceedings recommencement from the very beginning.

Keywords: court, judicial power, intersectoral principles of proceedings, continuity of judicial proceedings, court immutability.

DOI: 10.12737/art_2018_2_9

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The Role of the Prosecution Service in Ensuring the Rule of Law in the Credit and Banking Sectors of the Russian Economy  Pdf 16

S. V. BAZHANOV

leading research fellow of the Scientific Research Institute of the Academy of the Prosecutor General’s Office of the Russian Federation, doctor of of legal sciences, professor
15, 2nd Zvenigorodskaya st., Moscow, Russia, 123022
Е-mail: svb-1956@mail.ru

The main difficulty in the implementation of prosecutorial supervision, especially in such areas as credit-banking areas, is the lack of information concerning the ways of law violations. And these areas demand a special knowledge to study them. In this regard, it seems advisable to establish the proper methodological support of this type of prosecutorial activities with a focus on the possibilities of so-called technological cards. The specified methodological support of the prosecutor’s supervision in this sphere has the especially important, because stability of the credit-banking system is threatened by numerous of violations committed by credit organizations as well as by the Bank of Russia (its territorial agencies) in the process of exercising their functions of departmental regulation, control and supervision. The circumstance of legality in the financial sphere of the Russian economy is still negative, despite the attention given to its improvement. The number of crimes committed in this area is significant. Frauds of the bank’s funds and their clients are widely distributed. The criminal groups are creating very often for commission these frauds; and they involve “one-day firms” in the illegal schemes. To facilitate the implementation of the criminal plans these groups often disclose the information which is a bank secret, falsify the documents of financial accounting and reporting. The wrongful actions of bank officers led to withdrawal of credit institution license and its subsequent bankruptcy. A negative impact on the state of the legality in this area has the illegal bank activity and illegal withdrawal of funds abroad. The effectiveness of the disclosure of the related crimes remains very low.

Keywords: prosecutor, supervision, bank, credit institution, offshore, rule of law, the territorial institution of the Bank of Russia, technological cards, law enforcement agencies, regulatory authorities, affiliates, capital, securities, questionable business dealings, financial transactions, cash-out, “mirror operation”.

DOI: 10.12737/art_2018_2_10

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Effective Contract with Scientific and Pedagogical Workers of the Higher Educational Institutions: Legal Aspects  Pdf 16

S. V. YANKEVICH

senior research fellow of the Department of financial, tax and budget legislation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, director of the Center for Applied Legal Researchers of the Institute of Education of the National Research University “Higher School of Economics”, candidate of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: semyon.yankevich@gmail.com

Using of an effective contract in the field of education was motivated by the need to rectify some deficiencies which appeared during the implementation and application of the new pay system. From the point of view of legal science, in the process of transition to effective contract has raised the problem of the legal qualification of an effective contract as a regular employment contract or a contract of a special kind. The main objectives of the study: to assess the effective of the contract from the point of view of labor legislation with the purpose of qualifying this agreement as the employment or contract of a special kind; to analyze the most important aspects of implementing the concept of use an efficient contract such as indicators and criteria of assessment of activity efficiency of scientific and pedagogical worker and the terms of labor expenses and incentive payments (including specific features of assessment of scientific and pedagogical workers’ activities, the terms of labor expenses for effective contract demand more detail regulation than the “regular” employment contracts). The study was exercised using the methods of legal science. The formal legal method involves such methods as description and analysis of legal norms and legal relations, their interpretation and classification. The analysis of the legal regulations was also conducted using the systematic and logical approaches, other private scientific methods of study used in legal science for revealing of laws and tendencies of development of legal institutions and identify the problems of their legal regulation. The comparative legal method provided an opportunity to identify the features of effective contract compared to “regular” employment contract. From a legal point of view, an effective contract can be defined as detailed regulation and payment for work in order to improve its quality and increase the benefit received by an employee from doing the work. The employment relationship between the educational organization of higher education and scientific-pedagogical staff based on the assessment of efficiency of scientific and pedagogical workers’ activity - the aggregate of indicators and criteria to evaluate the amount of work and its quality, as well as the remuneration system that reflects differences in the complexity of the work.

Keywords: higher education, educational organization, teaching staff, employment contract, effective contract.

DOI: 10.12737/art_2018_2_11

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Complex and Controversial Issues of Realization of the Right to Education in Russia  Pdf 16

V. Yu. MATVEEV

head of the Laboratory of educational law of the Law institute of the Moscow City Pedagogical University, candidate of legal sciences
4, 2nd Selskokhozyaystveny drive, Moscow, Russia, 129226
E-mail: MatveevVU@mgpu.ru

Currently, there is no consensus on a number of opinions relating to the content of the right to education and its implementation mechanisms, in particular, there are diametrically opposed views on the possibility of the existence of limited educational capacity. Some problems in this area has not received the proper attention of researchers or require the clarification in connection with changes of the legislation. In some cases, the rights, guarantees, freedoms and responsibilities in the educational sphere, established by law, are not correctly correspond with each other, there is even the conflict of different principles and guarantees. The purpose of the study is the consideration of controversial issues. In particular, the author considers the dichotomy of education as a public benefit and duty ratio of the principle that "everyone has the right to education" and its implementation mechanisms, including in non-obvious situations, and controversial issues related to educational standing and capacity. The methodological basis of the analysis consists of the philosophical research methods, as well as of the specific scientific methods, including the formal-logical interpretation and integrated analysis. The author came to a conclusion that the Russian law considers education as a specific public benefit, the receipt of which is impossible without systematic and active actions of the person receiving it, hence the need of laying on person of a number of responsibilities for receipt of this benefit with the simultaneous establishment of the corresponding responsibilities of the state to provide appropriate safeguards for the education. The obligation of citizens to get the general secondary education is "soft". A number of legal provisions providing for the ability not to perform this duty. The most important part of the right to education is the ability of a person to make their own choice in the process of realization of their educational rights. Educational capacity and capability are the different phenomenon. The author substantiates the possibility of the existence of limited educational capacity and educational incapacity as a logical consequence of the existing law.

Keywords: education, right to education, educational capacity, educational capacity.

DOI: 10.12737/art_2018_2_12

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International Agreements in the Field of Investment Protection and Anti-Corruption  Pdf 16

N. G. SEMILYUTINA, N. G. DORONINA

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

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

Modern conditions of international economic cooperation are characterized by increased competition of states for its monopoly position in the markets of goods and services. The states use different legal instruments to protect their interests from unfair competition on the world markets, first of all the international agreements on investment protection. The authors analyze the recent trends in the practice of concluding international agreements on investment protection. The reform of the existing system of international legal investment protection in the European Union is expected to be exercised, including the establishment of a multilateral regional agreements on investment protection instead of bilateral agreements which are the basis of the international legal protection of investor’s rights. A major role in the reform of the current mechanism of investment protection played a decision of the International Centre for Settlement of Investment Disputes (ICSID), which analyzed the corruption actions of one of the parties in the dispute. The provisions of bilateral agreements on anti-corruption are of great importance to protect the rights of each party in the dispute, which contributes to balance public and private interests. Currently the multilateral agreements on investment protection are drafting. The negotiations are underway to establish a Regional Comprehensive Economic Partnership between China, Japan and Korea with the Association of Southeast Asian Nations (ASEAN), Australia, New Zealand and India. A new model of bilateral agreements on investment protection plays a significant role in the formation of regional economic unions to ensure equitable economic cooperation; these agreements contain provisions on anti-corruption.

Keywords: bilateral agreements on investment protection, investment disputes, international mechanism for investment disputes, Regional Comprehensive Economic Partnership.

DOI: 10.12737/art_2018_2_13

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Competition Law and Nomenclature of Scientific Workers’ Specialties in Law  Pdf 16

E. Yu. GRACHEVA, N. A. VLASENKO

E. Yu. GRACHEVA, head of the Department of financial law, first vice-principal of the Kutafin Moscow State Law University, doctor of legal sciences, professor
9, Sadovaya-Kudrinskaya st., Moscow, Russia, 123286
E-mail: msal@msal.ru

N. A. VLASENKO, chief research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, professor at the Peoples' Friendship University of Russia, doctor of legal sciences, professor
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: theory@izak.ru

The article discusses the role and functions of the antimonopoly legislation in the sphere of the market economy and ensuring the common economic space. The authors analyze the opinions of legal scholars concerning appearance of the new branch of law in the system of law — the competition law, which is proposed to regulate the relations on combat actions and agreements leading to impairment, limitation or elimination of competition on the market of goods and services. At the same time, it is proposed to supplement the Nomenclature of scientific specialties in law with a new scientific specialty “Competition law”. The authors believe that competition law cannot get the status of a new branch of law due to the fact that the problem of antimonopoly activity of the state is consistently regulated by the civil and administrative law. The proposal to consider competition law as a new scientific specialty of law is prematurely. The issues of the proposed specialty contained in the Passport of the specialties 12.00.03 (civil law; entrepreneurial law; family law; international private law) and 12.00.14 (administrative law; administrative process). In addition, the authors conclude that the differentiation of the scientific knowledge in legal science reached a certain level, its further detalization can negatively affect the formation of a uniform legal situation in the country. In this regard, it is proposed to retain the existing system of scientific specialties in law to a reasonable amount of time. Changing the Nomenclature and Passports of scientific specialties can have a negative impact on the system of training of scientific personnel, effective work of dissertation councils, and the development of domestic jurisprudence in general.

Keywords: antitrust law, market competition, common economic space, market economy, competition of goods, competition of services, free movement of goods, nomenclature of scientific specialties in law.

DOI: 10.12737/art_2018_2_14

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Review of the Monograph “Judicial Practice in the Modern Legal System of Russia” (ed. by T. Y. Khabrieva and V. V. Lazarev. Moscow, 2017. 432 p.)  Pdf 16

V. V. MOMOTOV

secretary of the Plenum, judge of the Supreme Court of the Russian Federation, judge of the highest qualification class, doctor of legal sciences, professor
E-mail: ssrf@ssrf.ru

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