Contents of issue # 12/2019


Cyclic Normative Arrays in Law  Pdf 16


Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation

DOI: 10.12737/jrl.2019.12.1

Currently, a legal system under influence of many factors undergoes certain transformations. In this regard, the doctrine seeks to comprehend on-going changes and trends, new issues in the theory of the legal system, which provisions are tested for strength from the standpoint of modern science and practice.
Studies of the legal system’s dynamics record a transition to its new structural organization. A special place in it is occupied by atypical normative arrays that cannot be identified in the previous categorical matrix and are assigned to the number of known elements of the legal system (branches, sub-sectors, institutions). At the same time, the “traditional” approach to the categorization of legal arrays does not allow revealing the nature of this phenomenon and adequately reflect its role in the legal system. Such legal arrays are called “cyclic” due to the similarity of their visualized model with chemical compounds formed as a result of the cyclization reaction. The primary element of these arrays is “cross-sectoral” legal norms that behave sub-standardly within the legal system, create specific ties and occupy a special place in it. In their development, they do not show a tendency toward isolation, like branches or institutions of law, but rather demonstrate the ability to penetrate into most elements of the legal system, interact with them, determine their content, functioning, and also the vectors and rates of transformation. There is a reconfiguration of the right to achieve certain socially and stately significant goals, the solution of the tasks corresponding to them and the satisfaction of social needs that have brought to life cyclic connections in the law.
The article develops the idea of cyclic normative arrays in law, their role in the integration and differentiation of the content and elemental composition of law. It offers a new look at the legal system, substantiates theoretical provisions that reveal the formation patterns of the considered atypical normative arrays, defends the author’s point of view on the system of law and prospects for its development.

legislation, law, regulation, legal array, system of law, structure of law, cyclic normative array.

For citation
Khabrieva T. Y. Cyclic Normative Arrays in Law. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 12, pp. 5—18. (In Russ.). DOI: 10.12737/jrl.2019.12.1


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Bogolyubov S. A. The Potential of Environmental Norms of the Russian Constitution. Zhurnal rossijskogo prava = Journal of Russian Law, 2018, no. 5, pp. 16—25. (In Russ.)

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Adobe pdf 24  Full text in Russian

Legal Regimes of Silence and Fictitious Conclusions Arising from It  Pdf 16


Russian-Armenian University, Yerevan 0051, Armenia

DOI: 10.12737/jrl.2019.12.2

Various branches of legal science study questions related to silence in law, but the issues of the legal regimes of silence and the conclusions resulting from them are not subject to a comprehensive analysis. Silence is a lawful or unlawful inaction of the subject in legal relations. It is where the conditional content of the subject’s will on the legal issue (conditional consent or disagreement) follows and (or) with which the positive right (transaction) directly relates to the occurrence of legal consequences.
The main objective of this article is to study comprehensively the legal regimes of silence and the fictitious conclusions arising from it. Silence is manifested in the following legal regimes: silence as a way of giving up a subjective right; keeping silence as a constitutional right; keeping silence as a legal obligation; keeping silence as an element of punishment; silence of law-making bodies as a legislative gap; qualified silence of law-making bodies; silence as unlawful inaction. The fictitious conclusions arising from silence can be manifested in the following legal regimes: 1) state silence→fictitious conclusion on authorizing customs; 2) silence→fictitious conclusion on closing a transaction; 3) the silence of the administrative authorities→a fictitious conclusion on the adoption of an administrative act; 4) the silence of the state authority→a fictitious conclusion on the authorization of legal actions.
In addition to general scientific methods, the author applies historical-legal and legal-comparative methods.
The author concludes that the legal meaning of any types of silence may be different. In law silence can be transformed from a social value that needs state protection to a social danger worth of state’s reaction.

silence, inaction, waiver, qualified silence, administrative silence, legal fictions.

For citation
Ghambaryan A. S. Legal Regimes of Silence and Fictitious Conclusions Arising from It. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 12, pp. 19—29. (In Russ.) DOI: 10.12737/jrl.2019.12.2


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Adobe pdf 24  Full text in Russian

Metafenomenes in Law: Purpose, Allocation Criteria, Risks of Usage  Pdf 16


Vladimir Branch, Russian Presidential Academy of National Economy and Public Administration, Vladimir 600017, Russian Federation

DOI: 10.12737/jrl.2019.12.3

The controversy about the relationship of legal philosophy and theory of law in legal science intensifies. Here are accusations occurring on incompetence in matters of philosophy, addressed to “pure” theorists of law. Discussion using these arguments is hopeless. The author proposes to translate it into a new terminological framework, mediated by the theory of metaphenomena in law. The article proposes the conceptual foundations of this theory (including the author’s definition of metaphenomena in law, analysis of their purpose, selection criteria and risks of use) using a two-level “coordinate system”: metaphenomenon of philosophical level and metaphenomenon of theoretical level.
The purpose of the study is to justify the need to continue structuring the legal system to harmonize its philosophical and theoretical (legal-dogmatic) components.
Currently, in legal science there is no generally accepted definition for legal phenomena with a side meta. The term “metayuridic phenomena” is used in some studies and does not cover the whole spectrum of “metaleksiki” used in legal science. The author proposes to use the term “metafenomens in law” (or “legal metafenomens”) to eliminate the uncertainty of the conceptual scope of the term “metauridic phenomenon”.
The theoretical level methodologies are necessary to streamline for countering clogging by random, non-systemic, and opportunistic phenomena. Metaphenomenals of the philosophical level determine the transition from discussion to multi-paradigm, the difference in thinking style.
According to the author, the problem of correlation of legal philosophy and legal theory is less acute if we recognize the existence of two directions of philosophical influence in the structure of the theoretical level of scientific knowledge: “vertically” and “horizontally”. “Horizontal” philosophical influence is immanent in relation to any theoretical object. These may be “elementary” questions of the relationship between form and content, goals and means, etc. “Vertical” philosophical influence manifests itself in the study of an objective phenomenon through the prism of dialectical laws, its axiological, epistemological and ontological characteristics, traditional issues of legal philosophy, etc.

metaphenomenon, legal metaphenomenon, metayuridic phenomenon, metatheory, boundary of meaning, philosophy of law, theory of law.

For citation
Shakhanov V. V. Metafenomenes in Law: Purpose, Allocation Criteria, Risks of Usage. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 12, pp. 30—37. (In Russ.) DOI: 10.12737/jrl.2019.12.3


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Supremacy of Law and Good Governance as Constitutional Values in a Public Sphere and State Administration  Pdf 16


Novosibirsk National Research State University, Novosibirsk 630090, Russian Federation

DOI: 10.12737/jrl.2019.12.4

The article considers the rule of law as a universal value, the constitutional and legal concept; good and effective governance as the Russian analogue of the concept of “good institutions”, the prospects for formalizing and constitutionalizing the right to good and effective governance. The aim is to study the interconnection and interdependence of the rule of law and the effective state, problem areas, where the concept of “good governance” is implemented in the modern world, taking into account the classification of states; Russian problems of ensuring the rule of law in the context of the implementation of good and effective governance. The article analyzes the ontological and epistemological possibilities to build good and democratic constitutionalism in Russia; the role of the Islamic principle of Ihsan to justify the possibility to transit to good governance.
The purpose of the work is to reveal the interconnectedness and interdependence of the rule of law and good and effective governance as constitutional values in the public sphere and public administration; prospects for constitutionalization and legal parameters of the right to good and effective governance.
A discursive approach is used in a combination of formal legal, comparative, concrete historical and hermeneutical methods of analysis, methods of constitutional engineering and design of constitutional rights.
Conclusions: the right to good and effective governance has a multilevel complex nature, constitutional and constituent status; its implementation requires the interaction of various branches of law, the public and private sectors, the active involvement of citizens and non-profit organizations in assessing the activities of the state. “Good and effective governance” is also considered as a legal institution, which structure has two fundamental parts: 1) one part is connected with the functioning of the institution: the administration and state and municipal authorities in the material sense (at various territorial levels); 2) the other part provides a democratic, informational and communication basis for managerial decision-making processes (through the involvement of citizens, interest groups, for example, social and non-governmental organizations in the decisionmaking process).

rule of law, good governance, strong state, universal value, constitutional and public value, social wealth, democratic constitutionalism, legal semantics, the right to good and effective governance, Islamic principle of Ihsan, good governance.

For citation
Kravets I. A. Supremacy of Law and Good Governance as Constitutional Values in a Public Sphere and State Administration. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 12, pр. 38—58. (In Russ.) DOI: 10.12737/jrl.2019.12.4


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Sellers M. An Introduction to the Rule of Law in Comparative Perspective. In Sellers M., Tomaszewski T. (eds.) The Rule of Law in Comparative Perspective. Springer Science+Business Media B. V. 2010. Pp. 1—9. DOI: 10.1007/978-90-481-3749-7_1

Shockley B., Ewers M., Nardis Y., Gengler J. Exaggerating good governance: Regime type and score inflation among executive survey informants. Governance, 2018. Vol. 31. Iss. 4, pp. 643—664.

Smouts M. The Proper Use of Governance in International Relations. International Social Science Journal, 1998, vol. 50, iss. 155, pp. 81—89.

Świstak M. Good Governance as a New Form of Management in the Context of the Europe 2020 Strategy. Politeja, 2016, no. 43, pp. 43—62.

Tikhomirov Yu. A. Control Vectors in the Focus of Law. Voprosy gosudarstvennogo i munitsipal’nogo upravleniya, 2019, no. 1, pp. 136—159. (In Russ.)

Tikhomirov Yu. A. Management through law. Moscow, 2007. 484 p. (In Russ.)

Vreeland J. R. The Effect of Political Regime on Civil War: Unpacking Anocracy. Journal of Conflict Resolution, 2008, vol. 52, iss. 3, pp. 401—425.

Yuzhakov V. N., Aleksandrov O. V., Talapina E. V. On Consistency of Legal Regulation of State Administration in the Russian Federation. Zhurnal rossijskogo prava = Journal of Russian Law, 2015, no.7, pp. 114—121. (In Russ.) DOI: 10.12737/11760

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The Role of Russian Constitutional Court in Developing a Legal Base for Oversight in Relation to Public Associations  Pdf 16


Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation

DOI: 10.12737/jrl.2019.12.5

The interaction of the state and civil society institutions, where public associations play an important role, is versatile and multifaceted. It can be state support, involvement of civil society’s capabilities to resolve socially significant problems, etc. The state control (supervision) of public associations’ activities occupies a special place here. Its implementation, including the use of coercive measures, may lead to a violation or restriction of the constitutional right to association. In this regard, the question of determining the limits of such control (supervision) becomes relevant. A significant role in this matter is played by the constitutional Court of the Russian Federation, assessing the constitutionality of legislative provisions regulating state control (supervision) over the activities of public associations. The article considers the resolution of the constitutional Court of the Russian Federation of February 17, 2015 No. 2-P, which clearly outlines the basics of state control (supervision) over the activities of public associations, assesses the position of the constitutional justice body.
The study is based on a formal legal analysis of the practice of the constitutional Court of the Russian Federation, related to the assessment of the constitutionality of legislative provisions regulating state control (supervision) over the activities of public associations. The current model of such control (supervision) in the Russian Federation is considered in historical retrospect, as well as in comparison with foreign experience.
The constitutional and legal framework forms the core of the legal institutionalization of state control (supervision) over the activities of public associations. For the first time they are systematically investigated by the Constitutional Court of the Russian Federation in the resolution of February 17, 2015 No. 2-P, which, while recognizing the broad discretion of the legislator, nevertheless, indicates that the control and supervision activities of the state in relation to public associations and its regulation should be subject to certain constitutional requirements.

right to association, state control (supervision) over activities of associations, Constitutional Court of the Russian Federation, Prosecutor’s supervision, constitutional and legal grounds for state control (supervision) over activities of associations.

For citation
Melnik T. E. The Role of Russian Constitutional Court in Developing a Legal Base for Oversight in Relation to Public Associations. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 12, pp. 59—67. (In Russ.) DOI: 10.12737/jrl.2019.12.5


Bondar’ N. S., Dzhagaryan A. A. Constitutionalization of prosecutor’s supervision in the Russian Federation: problems of theory and practice. Konstitutsionnoe i munitsipal’noe pravo, 2015, no. 5, pp. 9—23. (In Russ.).

Legal status of non-profit organizations under German and Russian law. Ed. by K. Krouford. Moscow, 2018. 300 p. (In Russ.).

Nikitina E. E. Constitutional and legal basis for the institutionalization of civil society in the Russian Federation. Moscow, 2019. 280 p. (In Russ.).

Tymen J. van der Ploeg, Wino J. M. van Veen, Cornelia R. M. Versteegh. Civil Society in Europe. Minimum Norms and Optimum Conditions of its Regulation. Cambridge, 2017. 689 p.

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The Russian Judicial Reform in 2018: Concept, Objectives, Content (Part II)  Pdf 16


Supreme Court of the Russian Federation, Moscow 121260, Russian Federation

DOI: 10.12737/jrl.2019.12.6

The Supreme Court of the Russian Federation initiated a large-scale judicial reform, designed to modernize the existing model of justice in accordance with the new demands of civil society and modern standards of legal development. This reform is a comprehensive system of measures that affect a judicial system, a judicature and a legal status of judges.
The purpose of this study is a theoretical, legal and practical justification for proposals of the highest court on a modernization of procedural and legal institutions. The objectives of the study are to analyze the comparative legal and historical context of the proposed changes, assess the real reasons for preparing amendments to procedural legislation, their content, and the consequences of their implementation.
The research uses systematic, historical legal, comparative legal, formal legal, statistical methods.
According to the results of the study, it was noted that the measures to reform the judicial process fit into the current global trend of rationalization and pragmatization of law. Legal pragmatism in the field of justice presupposes that the main objective of the development of procedural legislation is to ensure the qualitative consideration of disputes within a reasonable time with minimal costs to the parties. From this basic idea, there are proposals to limit the list of cases in which the court is obliged to make a reasoned decision, expand the scope of application of simplified proceedings, introduce a professional judicial representation, increase the use of electronic technologies in litigation (in the form of electronic document management, publication of information on the progress of the case on the Internet, audio protocols of court sessions, automated distribution of cases between judges), consolidation of procedural law the status of assistant judge. It is noted that a number of proposals of the expert community deserve attention and wide discussion. In particular, proposals to gradually increase the state duty on a number of categories of cases, legalization of honorariums of success, development of the institution of cost recovery and judicial investment can significantly improve the efficiency and quality of justice. However, some proposals are “false prescriptions” and can cause damage to the level of legal protection of citizens. In particular, the proposals to introduce the “electoral element” into the judicial system and the introduction of a mandatory requirement that the candidate for judicial office have experience in several areas of the legal profession, as well as the discussion about the alleged “accusatory bias” of the Russian court, do not take into account the realities of Russian law and law enforcement and also “withdraw” the discussion about judicial reform in a false direction.

judicial reform, Supreme Court of the Russian Federation, judiciary, effectiveness of justice, judicial community.

For citation
Momotov V. V. The Russian Judicial Reform in 2018: Concept, Objectives, Content (Part II). Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 12, pp. 68—89. (In Russ.) DOI: 10.12737/jrl.2019.12.6


Caplan L. The problem with judicial elections. National Constitution Center. Available at:

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Isaev I. A. Power and law in the context of irrational. Moscow, 2006. 478 p. (In Russ.)

Kozhevnikov M. V. The History of Soviet Justice. Ed. by I. T. Golyakov. Moscow, 1948. 376 p. (In Russ.)

Lexington. The trouble with electing judges. The Economist, 2014. 23 Aug. Available at:

Momotov V. V. Economic analysis of law in the system of legal methodology: concept, essence, criticism. Vestnik Moskovskogo universiteta. Seriya 11: Pravo, 2017, no. 5, pp. 93—94. (In Russ.)

Momotov V. V. Economics of Justice: The State Weal and the Benefits of a Private Person. Zhurnal zarubezhnogo zakonodatel’stva i sravnitel’nogo pravovedeniya = Journal of Foreign Legislation and Comparative Law, 2017, no. 3, pp. 5—17 (In Russ.) DOI: 10.12737/article_593fc3438b36c6.70253943

Momotov V. V. Market of Judicial Representation: From the Experience of the Continental and Anglo-Saxon Legal Traditions. Zhurnal zarubezhnogo zakonodatel’stva i sravnitel’nogo pravovedeniya = Journal of Foreign Legislation and Comparative Law, 2017, no. 4, pp. 43—51 (In Russ.) DOI: 10.12737/article_598063fa89c7a0.77902602

Momotov V. V. The effectiveness of justice in the context of legal culture: comparative legal analysis. Sud’ya, 2017, no. 10, pp. 4—15. (In Russ.)

Momotov V. V. The principles of justice and expediency in the institutions of the Anglo-American and continental European law. Rossiyskoe pravosudie, 2018, no. 1, pp. 35—48. (In Russ.)

Momotov V. V. The principles of justice and expediency in the institutions of the Anglo-American and continental European law: stating the issue. Rossiyskoe pravosudie, 2017, no. 12, pp. 16—24. (In Russ.)

Stoyko N. G. The criminal process of Western states and Russia: a comparative theoretical and legal study of the Anglo-American and Romano-German legal systems. St. Petersburg, 2006. 264 p. (In Russ.)

The Speech by Chairman of the Council of Judges of the Russian Federation V. V. Momotov at a plenary meeting of the Council of Judges of the Russian Federation. Sud’ya, 2018, no. 7, pp. 16—21. (In Russ.)

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Self-Regulatory Mechanism in Construction and Measures of Civil Liability: Correlation Issues  Pdf 16


South Ural State University (National Research University), Chelyabinsk 454080, Russian Federation

DOI: 10.12737/jrl.2019.12.7

The analysis of the provisions of the Code for Town-planning, devoted to the security function of self-regulation in the construction industry,indicates the following types of civil liability in this area: non-contractual, non-contractual joint, contractual, non-contractual subsidiary, recourse liability.
The purpose of the article is to identify the specifics of these types of responsibility when transferring them to the sphere of self-regulation in construction; objectives of the article: an analysis of the general provisions of the Civil Code on responsibility, the provisions of the Code for Town-planning, as well as doctrinal sources.
In the article, the general scientific methods of cognition were used, i.e. analysis, synthesis, system.
In this paper, the author comes to the following main conclusions: the obligation of an organization to pay victims the compensation acts as a legal mechanism for the protection of victims, and not the responsibility of an entity; joint responsibility of self-regulatory organization with respect to members of these organizations is nominal, since replenishment of the self-regulatory organization compensation fund in the event that payments to victims are made from it is made without taking into account the share falling on the self-regulatory organization; the question of the choice of joint or subsidiary liability of an self-regulatory organization does not play a significant role for its members — for them it is only a matter of time to compensate for losses incurred by the victims and to replenish the compensation fund.

civil liability, joint responsibility, subsidiary liability, self-regulation in the field of construction, self-regulatory organization.

For citation
Kvanina V. V. Self-Regulatory Mechanism in Construction and Measures of Civil Liability: Correlation Issues. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 12, pp. 90—101. (In Russ.) DOI: 10.12737/jrl.2019.12.7


Bulgakova L. I. Developing Business Self-Regulation as a Condition for Economic Renewal. Trudy Instituta gosudarstva i prava RAN, 2017, no. 3, pp. 144—146. (In Russ.)

Comment to the Federal law “On insolvency (bankruptcy)” (article by article). 5th ed. Ed. by V. F. Popondopulo. Moscow, 2017. 1200 p. (In Russ.)

Comment to the town-Planning code of the Russian Federation of December 29, 2004 No. 190-FZ (article). Ed. by N. N. Mel’nikov. Access from SPS “Consultant Plus”. 2017. (In Russ.)

Dedikov S. V. Legal Problems of Liability Insurance in the Sphere of Self-Regulated Construction Activity. Zakony Rossii: opyt, analiz, praktika, 2016, no. 5. (In Russ.)

Dvoretskiy M. Yu. Criminal responsibility of legal persons in legislative system: problems of theory and application practice. Vestnik Tambovskogo universiteta, 2013. Iss. 6 (122), pp. 219—226. (In Russ.)

Egorova M. A. The Concept of improving self-regulatory mechanisms: pro et contra Moscow, 2017. 189 p. (In Russ.)

Gutnikov O. V. Subsidiary Liability in the Legislation on Legal Entities: Issues of Legal Regulation and Legal Nature. Pravo. Zhurnal Vysshey shkoly ekonomiki = Law. Journal of the Higher School of Economics, 2018, no. 1, pp. 45—77. (In Russ.)

Krasavchikov O. A. Categories of civil law science: Selected works. Vol. 2. Moscow, 2005. 494 p. (In Russ.)

Kubantsev S. P. Basic Kinds of Punishment in the Criminal Law of the USA. Zhurnal rossijskogo prava = Journal of Russian Law, 2004, no. 9, pp. 120—131. (In Russ.)

Kvanina V. V. Protective institutions in the sphere of business and professional activity. Moscow, 2014. 167 p. (In Russ.)

Leskova Yu. G. Key changes of the Institute of self-regulation of construction activity: some questions of theory and practice. Zakony Rossii: opyt, analiz, praktika, 2017, no. 7, pp. 54—62. (In Russ.)

Leskova Yu. G. Legislative models property liability to third parties (consumers) with selfregulatory organizations. Grazhdanskoe pravo, 2014, no. 2, pp. 18—22. (In Russ.)

Petrov D. A. The legal regime for property liability of members self-regulatory organization to consumers to cover their goods (works, services) and other persons. Yurist, 2013, no. 18, pp. 30—34. (In Russ.)

Prus E. P. Problems of legal regulation of subsidiary obligations of participants (founders) of a legal entity. Aktual’nye problemy grazhdanskogo prava. Iss. 8. Moscow, 2004. Pp. 197—242. (In Russ.)

Vasyuchkova O. A. To a Question About the Functions and Types of Compensation Funds Self-regulatory Organizations in Development. Zakony Rossii: opyt, analiz, praktika, 2017, no. 8, pp. 54—88. (In Russ.)

Zakupen’ T. Problems of implementation of Chapter 61 of the town-Planning code of the Russian Federation. Pravo i ekonomika, 2015, no. 7, pp. 4—9. (In Russ.)

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Intellectual Rights and Antitrust Regulation: Assessment of the Admissibility and Limits of Antitrust Immunities in the Context of Balancing Interests  Pdf 16


Institute of Philosophy and Law, Ural Branch, Russian Academy of Sciences, Ekaterinburg 620108, Russian Federation

DOI: 10.12737/jrl.2019.12.8

Modern Russian antimonopoly legislation contains provisions according to which the rules on the inadmissibility of monopolistic activity in the form of abuse of dominant position and the conclusion of agreements restricting competition do not apply to actions and agreements on the exercise and disposal of intellectual property rights to intellectual property and equated to them means of individualization. The presence of such norms in the legislation is explained by the need to protect the interests of right holders. Meanwhile, among the representatives of science and practitioners there is a different interpretation of the content and the need for the existence of these provisions, called antitrust immunities. In this article, on the basis of a comprehensive analysis of scientific doctrine, Russian and foreign law enforcement practice, the author attempts to address the problem of the validity of these immunities.
The purpose of this work is to study the provisions of legal science, Russian and foreign law enforcement practice in the context of interpreting the need for antitrust immunities and to develop proposals for a legislature to regulate relations concerning to the protection of competition in the exercising intellectual rights. The objectives of the study are: to characterize the norms of competition law that establish exemptions from antitrust regulation, to review and evaluate the provisions of the scientific doctrine and Russian and foreign law enforcement practices relating to antitrust immunities.
The research is based on methods of formal logical interpretation, system and comparative analysis.
In a recent survey, the author made comments in relation to the current judicial practice concerning the consideration of causes related to the application of legislation on anti-monopoly immunities, and also analyzed the current scientific positions and foreign legislation on this issue. According to the results of the study, a general conclusion is made about the need to limit the anti-monopoly immunities existing in modern Russian legislation from the position of the need to ensure a balance of private and public interests. Some recommendations are formulated for the legislator in terms of limiting the monopoly of exclusive rights holders.

balance of private and public interests, monopolistic activities, actions and agreements, disposal of exclusive intellectual rights, anti-monopoly immunities.

For citation
Istomin V. G. Intellectual Rights and Antitrust Regulation: Assessment of the Admissibility and Limits of Antitrust Immunities in the Context of Balancing Interests. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 12, pp. 102—112. (In Russ.) DOI: 10.12737/ jrl.2019.12.8


Competition law of Russia. Ed. by I. Yu. Artem’ev, S. A. Puzyrevskiy, A. G. Sushkevich. Moscow, 2014. 496 p. (In Russ.)

Eremenko V. I. Issues of Unfair Competition in the Framework of “the Fourth Antimonopoly Package”. Konkurentnoe pravo, 2016, no. 1, pp. 3—12. (In Russ.)

Gavrilov D. A. Legal protection against unfair competition in the field of exclusive rights to means of individualization and other industrial property. Moscow, 2014. 192 p. (In Russ.)

Justification of the need to prepare a draft regulatory legal act. Available at: (accessed 17.04.2019). (In Russ.)

Madni Ya. The settlement agreement is approved: what ended the two-year dispute between FAS and Google. Available at: (accessed 17.04.2019). (In Russ.)

Pavlova E., Kalyatin V., Suspitsyna M. Civil and antitrust regulation of exclusive rights: a tool of choice? Konkurentsiya i pravo, 2013, no. 4, pp. 50—60. (In Russ.)

Pisenko K. A. On legislative problems of countering monopolistic activities related to the use of objects of exclusive rights. Konkurentnoe pravo, 2012, no. 1, pp. 29—34. (In Russ.)

Puzyrevskiy S., Gadzhiev G., Kalyatin V. et al. Intellectual property antitrust: finding a reasonable balance. Zakon, 2018, no. 2, pp. 18—34. (In Russ.)

Radetskaya M. V. Protection of exclusive rights and suppression of unfair competition: the search for a balance. Zakon, 2017, no. 12, pp. 44—55. (In Russ.)

Vorozhevich A. S. Antitrust vs Patent Rights: Why the Interferenceof the Antimonopoly Service Will Affect Innovations. Vestnik ekonomicheskogo pravosudiya Rossiyskoy Federatsii, 2018, no. 1, pp. 72—112. (In Russ.)

Vorozhevich A. S. Challenges to the modern patent systems and legal responses to them. Vestnik grazhdanskogo prava, 2014, no. 2, pp. 44—99. (In Russ.)

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Administrative Responsibilities for Violation of Requirements for Wastes Management  Pdf 16


Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation

DOI: 10.12737/jrl.2019.12.9

The article considers the issues of improving administrative responsibility for certain types of offenses in the environmental sphere. Violations of the requirements in the field of handling production and consumption wastes, including their unauthorized disposal, cause significant environmental damage and harm to human health. The urgency of the problem of combating these offenses is due to the need to ensure environmental protection and improve the environmental state in the country.
The purpose of the article is to identify state, development trends of the institution of administrative responsibility for violation of legislation on managing production and consumption waste and prospects for its improvement.
The research objectives are: to consider administrative responsibilities of civilians, administrative officials and legal entities in management of production and сonsumer wastes non-compliance, identify the direction for these norms improvement.
Conclusions are made to input the differentiated administrative responsibility for different kinds of non-compliance in management of production and сonsumer wastes in regards with requirements of proportionality principles and administrative responsibilities, to eliminate the possibility for administrative penalty imposition for each similar administrative violation for which the same norm of Special Part of Administrative Offences Code of the Russian Federation is specified, as well as the possibilities of simultaneous imposition of administrative sanctions for legal entity and its employee for the same violation.

administrative responsibilities, administrative penalty, violation, legal entity, management of production and сonsumer wastes.

For citation
Seleznev V. A. Administrative Responsibilities for Violation of Requirements for Wastes Management. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 12, pp. 113— 128. (In Russ.). DOI: 10.12737/jrl.2019.12.9


Bogolyubov S. A. et al. Institutes of ecological law. Moscow, 2010. 477 p. (In Russ.)

Concept of the new Code of administrative offences of the Russian Federation. Available at: (accessed 10.06.2019). (In Russ.)

Dubovik O. L. Evolution of the Institute of administrative responsibility for ecological offences. Administrativnoe pravo i protsess, 2014, no. 9, pp. 66—70. (In Russ.)

Ermakova L. Environmental offences: concept and distinction. Pravo i zhizn’, 2003, no. 54, pp. 58—72. (In Russ.)

Garbage Atlas. Kommersant. Available at: (accessed 14.05.2019). (In Russ.)

Ignat’eva I. A. Legal Issues of the Definition of the ‘Production and Consumer Waste’ Notion. Ekologicheskoe pravo, 2018, no. 1, pp. 12—19. (In Russ.)

Ivakin V. I. Concept and types of juridical responsibility for the ecological offences. Agrarnoe i zemel’noe pravo, 2005, no. 3, pp. 54—63. (In Russ.)

Kashepov V. P. Criminal law protection of the environment. Agrarnoe i zemel’noe pravo, 2013, no. 6 (102), pp. 62—69. (In Russ.)

Pobedonostseva E. N. On Administrative Liability for Several Administrative Offenses in the Russian Federation (from Public Prosecutor’s Supervision Practice). Administrativnoe pravo i protsess, 2016, no. 10, pp. 49—51. (In Russ.)

Ponomarev M. V. Administrative liability in the field of waste management. Tverdye bytovye otkhody, 2014, no. 7, pp. 47—49. (In Russ.)

Ponomarev M. V. Differentiation of administrative and criminal liability for violations in the field of waste management. Tverdye bytovye otkhody, 2019, no. 3, pp. 54—57. (In Russ.)

Prokhorov I. O. Administrative offenses in the treatment of waste: features of the application of the Article 8.2 of the Administrative Code and the possibility of differentiation of administrative responsibility. Spravochnik ekologa, 2015, no. 4, pp. 49—66. (In Russ.)

Prokhorov I. O. Differentiation of administrative responsibility in the field of waste management: one step forward, two steps back. Spravochnik ekologa, 2017, no. 9, pp. 10—23. (In Russ.)

Radchik O. L. Legal liability for violation of environmentally hazardous substances and waste regulations. Cand. diss. Moscow, 2001. 216 p. (In Russ.)

Stepanenko V. S. Legal regulation of liability for environmental waste management crimes. Pravo i politika, 2014, no. 11, pp. 1736—1744. (In Russ.)

The modernization of administrative legislation (goals, tasks, principles and actual vectors). Ed. by A. F. Nozdrachev. Moscow, 2018. 496 p. (In Russ.)

Trofimets S. S. Legal regulation of waste management of production and consumption. Cand. diss. thesis. Moscow, 2007. 169 p. (In Russ.)

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Administrative Decisions: Concept, Types, Forms  Pdf 16


Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation

DOI: 10.12737/jrl.2019.12.10

The concepts used in administrative law require an accurate and clear statement that excludes the possibility of differences in interpretation and provides a clear understanding of law and uniform enforcement. The article analyses the concept of administrative decision.
The aims and objectives of the study are to identify the content of the concept of administrative decision, which determine its relationship with other categories of administrative and legal science.
The methodological basis of the research consists of General scientific and special methods of cognition, in particular system-structural, formal-legal methods, formal-logical methods, method of interpretation of law.
The correlation of the administrative decision category with the concepts of law enforcement decision, law-making decision is investigated. The features of administrative decisions are defined. The generic nature of the administrative decision in relation to such categories as administrative act, administrative agreement, administrative action, which act as its form, is revealed. The tendency of evolution of forms of administrative decisions, which consists in formation of administrative agreements, administrative acts in electronic form as independent types of administrative acts, is revealed. There is a gradual separation of their legal regime.
The author comes to the conclusion that there is a need to provide common principles and approaches to the development and adoption of administrative decisions. General requirements for administrative decisions should be established in the Federal law on administrative procedures.

administrative decisions, administrative acts, administrative actions, administrative agreements, administrative procedures.

For citation
Kabytov P. P. Administrative Decisions: Concept, Types, Forms. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 12, pp. 129—139. (In Russ.) DOI: 10.12737/ jrl.2019.12.10


Alekseev S. S. General theory of law. Vol. 2. Moscow, 1982. 360 p. (In Russ.)

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Davydova M. L. About the juridical nature of normative prescriptions: basic science concepts. Zhurnal rossijskogo prava = Journal of Russian Law, 2003, no. 10, pp. 75—84. (In Russ.)

Khaliullin T. A. Procedures for making management decisions in the competitive placement of the state order for the supply of products for state needs. Cand. diss. thesis. Moscow, 1999. 148 p. (In Russ.)

Kupreev S. S. On the term “public administration” in modern administrative law. Administrativnoe pravo i protsess, 2011, no. 6, pp. 10—12. (In Russ.)

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Nozdrachev A. F. Administrative agreements (theoretical consideration of the problem and analysis of the practice of use in public administration). Zakonodatel’stvo i ekonomika, 2012, no. 9, pp. 5—31. (In Russ.)

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On Legal Bases for Implying Mediation in Correction Facilities  Pdf 16


V. G. Gromov, Saratov State University, Saratov 410012, Russian Federation

D. K. Sarsenalieva, Saratov State Law Academy, Saratov 410056, Russian Federation

DOI: 10.12737/jrl.2019.12.11

A possibility and necessity to introduce mediation in correction facilities is considered. The small number of works on penitentiary mediation is explained by the fact that, firstly, the Russian penal system remains conservative and closed to researchers, and secondly, by the fact that the conduct of mediation procedures in correctional institutions is not regulated by law. On the one hand, penitentiary mediation is considered as a means of correction of convicts, and on the other as a tool to prevent conflicts between convicts in places of deprivation of liberty and prevention of recidivism in General. Therefore, there is quite a natural desire of many correction facilities’ staff in the Federal Penitentiary Service of Russia to master the techniques of penitentiary mediation.
The purpose of the study is to define and describe the approximate procedure of penitentiary mediation, as well as to make additions to a number of regulations governing the mediation procedure and the process of execution and serving of the sentence of deprivation of liberty.
Based on the dialectical approach, using the analysis, generalization, system-structural, logical and formal legal methods, the authors believe that after the legitimization of penitentiary mediation it will be possible to launch a pilot project for its implementation in the work of the penal system of the Federal Penitentiary Service of Russia. The project can be started in 3—5 Russian regions, first in correctional institutions for women and minors, who have a lower degree of criminogenic infection. With positive results, the experience can be spread everywhere.

penitentiary mediation, conflicts, convicts, correctional institutions, imprisonment, recidivism.

For citation
Gromov V. G., Sarsenalieva D. K. On Legal Bases for Implying Mediation in Correction Facilities. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 12, pp. 140— 149. (In Russ.) DOI: 10.12737/jrl.2019.12.11


Effective rehabilitation of pupils. Available at: (accessed 15.12.2018). (In Russ.)

Employees of the psychological services of the penitentiary system have improved their skills in the classroom in mediation. Available at: (accessed 15.12.2018). (In Russ.)

Gromov V. G. Russian criminal subculture: the philosophical aspect. Teologiya. Filosofiya. Pravo, 2017, no. 2, pp. 44—57. (In Russ.)

In the Kamyshin educational colony, the reconciliation service is being introduced. Available at: (accessed 15.12.2018). (In Russ.)

In the Krasnoyarsk Territory, new technologies are being studied in work with difficult teenagers. Available at: (accessed 15.12.2018). (In Russ.)

Kaufer L., Noll D. E., Mayer J. Prisoner facilitated mediation: bringing peace to prisons and communities. Available at:

Psychologists of the penitentiary inspection of the Federal Penitentiary Service of the Russian Federation in the Chelyabinsk region conduct mediation lessons for schoolchildren. Available at: (accessed 15.12.2018). (In Russ.)

Sarsenalieva D. K. Penitentiary mediation: the concept and types. Teologiya. Filosofiya. Pravo, 2018, no. 3, pp. 75—83. (In Russ.)

Shaforostova K. I. Mediation and judicial reconciliation: common features, differences, prospects. Scientific and methodical electronic journal “Concept”, 2018, no. 5 (May). Available at: (In Russ.)

The employees of the psychological service of the Federal Penitentiary Service of Russia are preparing to become mediators. Available at: (accessed 15.12.2018). (In Russ.)

The Norwegian experience began to work in the Arkhangelsk region. Available at: (accessed 15.12.2018). (In Russ.)

The visit of the delegation of the Vologda Institute of Law and Economics of the Federal Penitentiary Service of Russia to Switzerland. Available at: (accessed 15.12.2018). (In Russ.)

The visit of the French delegation PKU IK-6 UFSIN of Russia in the Oryol region. Available at: (accessed 15.12.2018). (In Russ.)

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Implication Issues of Criminal Law to Provide Nondiscrimination in Employment  Pdf 16


Saint-Petersburg State University, St. Petersburg 199034, Russian Federation

DOI: 10.12737/jrl.2019.12.12

The article considers problems emerging during the procedure of qualification of crimes relating to the unsubstantiated employment refusal and unsubstantiated dismissal (art. 1441, 145 of the Criminal Code of the Russian Federation). The peculiarity of mentioned qualification consist in the fact that it includes identification and use of elements of labor law regulations. Meanwhile vagueness or lack of such regulations in labor law makes this qualification significantly more difficult. Imprecision of Criminal Code of the Russian Federation rules is also caused by use of other branches of regulations. Author demonstrates the dependence existing between the effectiveness of application of respective corpuses of the crime on criminal practice and detalization of similar interdictions in labor law. Another problem of applying corpuses of the crime provided for by the articles 1441, 145 of the Criminal Code of Russian Federation is detection of discriminative motives on criminal practice as employers tend to make references to improper business qualities or lack of required skills of the applicants.
In author’s opinion the system of criminal law rules designed to provide a non-discriminative employment and realization of labor rights includes the set of regulations incapable to complete the assigned task by itself out of general law context. Therefore approaches to respective problems developed by labor law should be used in full measure. As the result the author concludes that during the procedure of qualification of crimes provided by the art. 1441, 145 of the Criminal Code of the Russian Federation it is essential to detect unsubstantiated employment refusal or unsubstantiated dismissal in accordance to the labor law regulations at first. And only after that the detection of other features of the crime and their qualification is permissible.

unsubstantiated employment refusal, unsubstantiated dismissal, discrimination, use of non-criminal law regulations during the procedure of qualification of crime, labor rights protection.

For citation
Veshnyakov D.Yu. Implication Issues of Criminal Law to Provide Nondiscrimination in Employment. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 12, pp.150—157. (In Russ.) DOI: 10.12737/jrl.2019.12.12


Denisova A. V. The system of Russian criminal law: theory, law, practice. Dr. diss. thesis. Moscow, 2018. 39 p. (In Russ.)

Pikurov N. I. Application of non-criminal law norms in the qualification of crimes. Anthology of scientific thought. Moscow, 2008, pp. 506—509. (In Russ.)

The grounds of criminal and legal prohibition: criminalization and criminalization. Ed. by V. N. Kudryavtsev, A. M. Yakovlev. Moscow, 1982. 304 p. (In Russ.)

Yurkov S. A. Certain Application Issues of the Article 145 of the Criminal Code of the Russian Federation. Zhurnal rossijskogo prava = Journal of Russian Law, 2016, no. 10, pp. 95—100. (In Russ.) DOI: 10.12737/21527

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Independent Merit Rating of Employers and Employment Seekers  Pdf 16


Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation

DOI: 10.12737/jrl.2019.12.13

In accordance with the country’s human resources development programs, one of the priority tasks is the creation of a system for employees’ merit rating based on determining their competence and ability to respond flexibly to changes in requirements for their qualifications. This necessitated introducing into Russian legislation a new way of assessing the qualifications of employees and other job seekers. Such an assessment is an independent assessment of qualifications. It is held in the relevant centers for the assessment of qualifications in the form of a professional exam. An independent assessment of qualifications is designed to determine how much the knowledge, skills, work experience gained by the applicant correspond to professional standards in the relevant field of work. Based on such an assessment, the candidate can apply for a job corresponding to his/her qualification level. However, as analysis of legislation and practice shows, the successful completion of an independent assessment of qualifications does not always guarantee that the applicant has the pre-emptive right to apply for a job, when the entity concerned manages appropriate organizational and staffing events, etc. In this regard, the author conducts a study to identify the most significant problems of conducting an independent assessment of qualifications, and also identifies both its negative and positive sides. The article poses a number of questions, which solution requires further study of this problem, including taking into account the experience available in foreign countries.
Methods: dialectic, formal logical, comparative legal, analysis, synthesis, induction, deduction.
The article concludes with the forecast for the further development of an independent assessment of qualifications and its impact on various spheres of citizens’ working life.

independent assessment of qualification, professional standard, employee, employer, applicant.

For citation
Egoshina L.A.Independent Merit Rating of Employers and Employment Seekers. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 12, pp. 158—167. (In Russ.) DOI: 10.12737/jrl.2019.12.13


Egoshina L. A. Independent evaluation of qualifications: the concept and difference from the certification of employees. “Chernye dyry” v rossiyskom zakonodatel’stve, 2017, no. 3, pp. 65—67. (In Russ.)

European experience of recognition of professional qualifications obtained as a result of informal and spontaneous training. Ed. by E. M. Kalitskiy. Minsk, 2011. 75 p. (In Russ.)

Filyushchenko L. I. Problems in the Application of Legislation Concerning Advanced Training of Employees. Lex Russica, 2017, no. 11, pp. 83—92. (In Russ.)

Kamordzhanova N. A., Solonenko A. A. Trends in the development of the accounting profession in the world of unstable economy. Auditorskie vedomosti, 2017, no. 1—2, pp. 120—133. (In Russ.)

Mitrofanova O. I. Professional standards. Ed. by D. L. Kuznetsov. Moscow, 2017. 101 p. (In Russ.)

Novikova N. V. Employee Qualification: Notion, Meaning for Labour Relations, Independent Assessment. Trudovoe pravo v Rossii i za rubezhom, 2017, no. 4, pp. 36—39. (In Russ.)

Petrovskaya E. V. An independent assessment of the qualifications of financial market specialists: from a university to a brilliant career. Finansovyy vestnik: finansy, nalogi, strakhovanie, bukhgalterskiy uchet, 2017, no. 8, pp. 58—63. (In Russ.)

Pozitsiya Rossiyskogo soyuza promyshlennikov i predprinimateley po voprosu sovershenstvovaniya sistemy professional’nykh standartov po rabochim professiyam ot 25 iyunya 2012 goda. Available at: http://xn--o1aabe.xn--p1ai/position/view/49?year=2012 (accessed 10.02.2019).

Severtsev R. V. Legal problems of protecting an employee from discrimination in assessing business qualities. Leningradskiy yuridicheskiy zhurnal, 2017, no. 2, pp. 177—184. (In Russ.)

The future of the world of work for Russian youth. Zhurnal “OON v Rossii”, 2018, no. 4 (118), pp. 9—10. (In Russ.)

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Some Problems of Dismissal of the Public Civil Servants for Loss of Trust  Pdf 16


Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation

DOI: 10.12737/jrl.2019.12.14

The article discusses some provisions, which regulate a liability of civil servants in the event they violate the anti-corruption legislation. Issues related to bringing public civil servants to disciplinary liability for corruption offenses, as well as problems of imposing penalties on public civil servants in the form of dismissal in connection with the loss of trust are highlighted.
Some legal norms of the Federal Law of July 27, 2004 No. 79 “On the State Civil Service of the Russian Federation”, which are anti-corruption provisions, are analyzed. The paper analyses legislative innovations and the difficulties of applying in practice the legal norms that came into effect in 2018 to govern the dismissal of public civil servants on the basis of the article 592 of the said Law. The main legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on the issues of imposing on state civil servants a disciplinary liability are investigated and described. The works also notes certain shortcomings in the current legislation regarding the regulation of such a penalty as dismissal due to loss of trust based on a comprehensive study of legal norms governing the disciplinary process of civil servants and the prevailing law enforcement practice.
As a general conclusion, proposals are formulated to improve legislation governing the prosecution of civil servants for corruption offenses and to suggest improving legal standards on the application of a penalty, such as dismissal due to loss of trust.

anti-corruption, penalties for corruption offenses, loss of trust, dismissal due to loss of trust, state civil servant, procedure for applying disciplinary sanctions.

For citation
Lomakina L. A. Some Problems of Dismissal of the Public Civil Servants for Loss of Trust. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 12, pp. 168—173. (In Russ.) DOI: 10.12737/jrl.2019.12.14


Alekseev S. S. General theory of law. Vol. 1. Moscow, 1981. (In Russ.)

Erokhin V. I., Erokhina Yu. V. Nauchno-prakticheskiy kommentariy k Model’nomu zakonu “O protivodeystvii korruptsii”. Moscow, 2012.

Krasnov Yu. K., Nadvikova V. V., Shkatulla V. I. Yuridicheskaya tekhnika. Moscow, 2014.

Vorob’ev N. I., Galkin V. A., Mokeev M. M., Osipova I. N., Yudina A. B. Kommentariy k Federal’nomu zakonu ot 27 iyulya 2004 goda. No. 79-FZ “O gosudarstvennoy grazhdanskoy sluzhbe Rossiyskoy Federatsii” (postateynyy). Access from SPS “Garant”. 2014.

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Current Trends in the Development of Private International Law (Review of the International Scientific and Practical Conference)  Pdf 16


Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation

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On Issues of Slavic Law (Review of the Meeting of the “Law” Section of the Central House of Scientists of the Russian Academy of Sciences)  Pdf 16


Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation

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Global Environmental Imperatives: Environmental Protection and Climate Change (Review of the International Science Seminar)  Pdf 16


Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation

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To the Anniversary of N. I. Marysheva, an Outstanding Russian Academic Lawyer  Pdf 16


Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation

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