bluuebunny/crossref_metadata_2025 huggingface dataset:
Balance and unbalance as categories of law reality: systematic and synergetic approach
Authors: Shugurov M V
Published: December 2019

The article is devoted to conceptual understanding the phenomena of law balance and unbalance. Author pays much attention to methodological aspects of using of these categories in the current legal science. The synergetic approach to the law is marked out in the kind of an initial format of using of these notions. There is emphasized the particular importance of analysis of law unbalance and its causes, forms, types, consequences. Author underlines the increasing significance of doctrine comprehension the complication of the law reality and the searching the directions of its well-balanced development.
Coordination risks as a variety of legal risks
Authors: Maksurov A A
Published: December 2019

In this paper we consider a new approach to the study of the relevant aspects of the coordination law. In this form, this problem was not considered. First individual, the most theoretically relevant and practically valuable, the legal elements of coordination are considered from the standpoint of legal experience, practice and technology. Particular attention is paid to organizational aspects. The study summarizes the main scientific position in the field of the coordination process, takes into account recent theoretical advances in this area, the legislation and the prospects of its change. This work is based on personal legal experience of the author in the coordination sphere. In this regard, the author proposes a practical solution of the legal problems.
THe Scientific novelty of the post-classical jurisprudence
Authors: Chestnov I L
Published: December 2019

The author shows the inadequacy of the classical criteria of scientific character. Criteria and practice of logic not adequate the new picture of the world. The objectivity of scientific activity today is replaced by intersubjectivity. The main criterion of scientific novelty today is the social - relevance of the knowledge society. This criterion establishes the elites and reference groups. They selectrows the knowledge that claim the status of scientific novelty. Modern approaches to the law in domestic jurisprudence, the criterion of scientific novelty were more consistent with legal liberalism, economic analysis of law and postclassical theory of law. The most adequate call time, according to the author, is postclassical theory of law. The article presents the main provisions of the postclassical theory of law. It focuses on the main problem of modern law - connection of theory with practice.
The value of the United Nations in resolving problems of the rule of law in conflict States
Authors: Kostenko N I
Published: December 2019

In this paper, the author tries to analyze the main extracted from the work of the United Nations according to the rule of law in the States for the last fifteen years. The analysis shows that the rule of law and the approval of the rule of law in the States for the last fifteen years of experience - is fundamental to sustainable peace after conflict, for the effective protection of human rights. Keywords: problems of justice, the rule of law, the rule of law, peacekeeping operations, the UN standards.
Critical-legal method in jurisprudence
Authors: Malinowsky A A
Published: December 2019

The article analyzes the problems of modern methodology of knowledge of legal reality. The author proves the necessity of a theoretical study of the critical-legal method, which currently has no «official status» specially-legal method. The article describes the main approaches to the development of evidence-based epistemological methods are most effective application of this method in jurisprudence, lawmaking and law enforcement.
To a question about the nature of legal obstacles
Authors: Bortsov A V
Published: December 2019

This article analyzes the spread in recent years in the scientific literature category of «legal barriers». The author concludes that legal obstacles need to be considered from the perspective of libertarian legal type of legal thinking. Legal barriers can be classified as any negative phenomena and processes that do not contribute to hinder achievement of this legal action.
Idea of law for XXI century (on some tasks of the modern philosophy of law
Authors: Shugurov M V
Published: December 2019

The article is devoted to understanding and updating the methodological approaches to analysis of the idea of law as a phenomenon of the legal reality. The author pays an increased attention to justification of the idea in a kind of the tool for cognition and change of the positive law. A decisive importance is given to examining some perspectives of considering the idea of law as the paradigm and the fundamental image combining the axiological and logical moments of legal reality. In the article there is conducted the thought on that elaborating the Idea of law for XXI century suppose modernizing the agenda of modern legal philosophy as well as implementation of practical steps concerning forming the dialogue between adherents of different models of understanding the law so long as the idea of law is integrated unity of fundamental legal ideas not reduced fully to each of such ideas.
The phenomenon of the criminalization of the economy: the concept, relationship with reforms and legislation
Authors: Kolesnikov V V
Published: December 2019

Using the methods of economic criminology, the author explains the meaning of the concept of «criminalization of the economy» and «criminalization of the economic relations» and shows the interconnection of these phenomena with economic processes and legislation.
Review of the monograph Tsybulevsky O. I., Racinos A. S. "Moral and evaluative category in the modern Russian law". - Saratov: Stolypin Volga Institute of management. P. A. Stolypin, 2015
Authors: Kerimov A D
Published: December 2019

In the review the characteristic of the monograph Tsybulevsky O. I., Racinos A. S. "Moral and evaluative category in the modern Russian law"
Legal value of law in the context of the theory of the power (new approach)
Authors: Belyaev V P , Horoshiltsev A I
Published: December 2019

In article new approach to concept of value of law is considered. Along with the social, tool and own value of law, it is offered to allocate legal value of law. The legal value of law is investigated in relation to the theory of the power.
Development of the constitutional provisions about balance public and private interests when land use in the acts of the land legislation
Authors: Lipski S A
Published: December 2019

The article discusses the main acts of the federal land legislation, in which has been further developed constitutional provi- sions about balance public and private interests in land use. The author states that over the last decade, acts that ensure the reasonable land use has not received adequate development, and many of the rules (and some laws) adopted at the turn of XX-XXI centuries, has lost its force. As a result, the ratio of private and public interests in the modern land law became slightly other. Relevant constitutional provisions have the potential for their further development.
On the formation of the general theory of crime
Authors: Holopov A V
Published: December 2019

The article is devoted to the cognition of crime as a complex object (phenomenon), which has the nature of a system. The crime is analyzed from the point of view of the theory of cognition and general systems theory (system approach). Problems of crime cognition are discussed on the examples from the public prosecutor’s work practice. The author treats criminological theory of crime as a basis for the formation of the general theory of crime. Resting on the general systems theory the author describes crime from the perspective of cybernetic and synergetic approach. The author proposes that the general theory of crime should embrace the theories of crime developed in criminology, forensic and criminal legal studies, as long as they adopt the general systems theory for their theoretical description of crime.
Criminal liability for destruction or damage forest plantations: qualification questions
Authors: Timoshenko Y A
Published: December 2019

The article deals with issues arising in the classification of acts, responsibility for which is provided Art. 260 and Art. 261 of the Criminal Code. Based on the analysis of judicial practice, as well as the views expressed in the scientific literature, it is concluded that the discrepancies in the interpretation of criminal prohibitions on the destruction and damage of forest plantations, due to the imperfection of the legislative structures Articles 260 and 261 of the Criminal Code, which became possible due to non-compliance with the rules of legislative technique
Mass Falsification of the Results of the Evaluation of THeses Programs
Authors: Yakushev A N , Komarov S A
Published: December 2019

The article is devoted to the development and application of programs of anti-plagiarism. Installed, they are based on norms of regulations contradicting the Federal legislation; evaluation criteria use of the original work are not words or phrase, and para- graph. Records of the programs of anti-plagiarism is a mass-Wai falsification of the results of the evaluation of the use of the original works. The structure of the article: relevance of the topic, the legal basis for the use of the work, citation, plagiarism, «plagiarism» in the theses, reports, programs of anti-plagiarism on the subject of the originality of scientific works.
Law and its Anthropological Features
Authors: Atarschikova E N , Ponomarev E G
Published: December 2019

In the article the problem of formation of legal culture and enhance the legal awareness of the person. Attracts modern do- mestic and foreign scientists, anthropology of law, or legal anthropology, which held steady in the Humanities, defining the historical basis of the theory of state and law and development.
THe Functions of the State: the Experience of Conceptual Reconstruction
Authors: Grachev N I
Published: December 2019

On the basis of the structural-functional analysis, the systematic approach and a new way of meaningful organic theory of the state it is attempted to conceptual reconstruction of the state functions. They are examined as vital, organic political and legal processes, objectively arising from the nature of the state as a form of existence and development of particular people, ensuring its sovereign status in the world community. It is proved the existence of the general state function, which consists of four elementary organically inherent state functions - integration, institutionalization, adaptation, goal setting and goals achievement. It is analyzed the social, political and legal content of these functions and it is determined their assignment as necessary conditions for the existence and development of the state.
Criminally-legal counteraction illegal production medicines and medical devices: the object and the subject of crime
Authors: Firsov I V
Published: December 2019

The article is devoted to the controversial issues of crime object, formulated in art. 2351 CC. In it the author defined genera, species, direct object and subject of the illegal production of drugs and medical devices.
Transborder Crime in the European Union and the Fight Against It
Authors: Meshcheryakova O M
Published: December 2019

The Article «Transborder Crime in the European Union and the fight against it» is devoted to the legal principles governing co- operation between Member States of the European Union in crime investigation. The author of the article proposes to get acquainted with Criminal Procedure of Victims of the Criminal Offences.
Crimes and offences in the sphere of monetary circulation
Authors: Minnivaleev T N , Minnivaleeva A N
Published: December 2019

The paper examines theoretical issues of crimes and offenses in the sphere of monetary circulation. Investigates the concept of monetary circulation, the brief description of the main types of offenses and crimes in this sphere. The authors point out that the responsibility for violation of money circulation and payments provides for administrative, civil, financial and criminal law. Given the systematization of the basic rules of law relating to crimes and offences in this sphere. Defined the concept of categories of monetary circulation and its role in economic and legal science. Also, the category of monetary circulation is considered from positions of the Constitutional Court of the RF. The peculiarities cash and cashless monetary circulation and money turnover concept. The authors discuss the Foundation of financial responsibility and its contrast to administrative and criminal responsibility. The authors indicate that the main distinguishing feature for financial responsibility - law recovery character. The authors note that given the importance of the sphere of monetary circulation, its tremendous importance to the economy, to solve social problems, but also to ensure the fi- nancial stability of the state is necessary and appropriate to develop the Institute of state and legal coercion in the sphere of monetary circulation, to expand and systematize its contents.
Problems of Costitualization of Labour Legislation in Eurasian Economic Union Member-States
Authors: Tomashevski K L
Published: December 2019

In the article with support on scientific ideas of scientists in area of constitutional and labour law a concept «constitualiza- tion of labour legislation» is analysed and determined. An author conducts the comparative analysis of both part of terminology of national legislation of states-members of the Eurasian economic union (in regard to categories a «labour legislation», «legislation, is about labour») and constitutional norms, relating to grow labour right, exposes between them common and special. On the basis of comparison of constitutional positions and norms of national legislation of Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia certain retreats are shown from constitutional and simultaneously universally recognized principles of international law in the field of labour as principles of prohibition of force labor, freedom of association, and also right on a strike.
Public Opinion and the Criminalization of Environmental Offenses
Authors: Tymoshenko Yu A
Published: December 2019

The article deals with the consideration of public opinion in the criminalization of environmental offenses, given the results of a questionnaire survey of the population to assess the status of environmental protection, the degree of public danger of the crimes of various groups, including environmental, concerns about their protection against illegal encroachments on the ecological safety. Attention is drawn to the fact that the results obtained can be used in solving the issue of criminalization of illegal encroachments on the environment.
The problem of attracting to criminal liability for committing tax crimes
Authors: Titova V N
Published: December 2019

The article discusses the reasons for the significant reduction of criminal cases on tax crimes in the court with the indict- ment and the low level of compensation for this category of crimes, made concrete proposals for improving the existing legislation to change the situation.
Modern structural and methodological approach to the criminalistic doctrine about person
Authors: Foygel E I
Published: December 2019

The article discusses the necessity for the formation of a qualitatively new criminalistic doctrine of person as a comprehen- sive science of the techniques and methods of producing forensically important information, the source of which is the person and human activity. It contained the main scientific categories - subject, scientific bases, objectives and structure of criminalistic doctrine of person as a special criminalistic theory.
Ensuring the Right to a Fair Trial Pre-Trial Stage Criminal Process
Authors: Tymoshenko A A
Published: December 2019

The article considers the problem of respect for the right to a fair trial at the pre-trial stage of the criminal process. It is pro- posed to take into account the secondary role of pre-trial activity, whose task is to prepare materials for trial. This competitiveness for the prosecution is not allowed. Analysis of the European Court of Human Rights indicates sufficient blurring boundaries that separate statement of the facts of the presence or absence of a violation of Art. 6 of the European Convention «On Protection of Human Rights and Fundamental Freedoms» (the right to a fair trial). But in any case the decision is motivated by the observance of guarantees of access to justice. Hence, any infringement of the possibi
Contractual Model of the Deliverable Futures Contract with the Participation of the Exchange
Authors: Gruzdev O S
Published: December 2019

The present article analyses the contractual model of a deliverable futures contract with the participation of the exchange which under some regulations of current legislation plays the role of a trading authority. The author emphasizes that the exchange is a party to derivatives contracts and deliverable futures contracts, in particular. Furthermore, this provision is confirmed by the analysis of the intention of the deliverable futures contract’s parties. Their intention is directed at the conclusion of an agreement just with the exchange and not with other trading participants. The author analyses the structure of contractual relations arising out of a deliverable futures contract (despite the fact that this contract is an agreement with the trading authority - the exchange) and points out that this contract can be characterized as a purchase and sale agreement according to Article 454 of the Civil Code of the Russian Federation (CC of RF).
To the Issue of Allocating Provisions for Doubtful Debts to the Expenses of Banks for Tax Purposes
Authors: Semina E D
Published: December 2019

In this article, the problem of allocating provisions for doubtful debts for unpaid interest on time to the expenses of banks for the purposes of corporate income tax is considered.
Conscientiousness in Private and Public Sectors of Russian Law
Authors: Fedin I G
Published: December 2019

Article is devoted to the questions connected with ways and extent of introduction of category «conscientiousness» in all branches of the Russian system of the law. The relevance of a research consists that in a wide range of modern scientific works there are no researches which are in a complex considering category «conscientiousness» in private and public branches of Russian law. Besides, the need for development of this category for public branches is almost completely ignored that the author finds unreasonable and gives arguments in favor of need of development of the principle of conscientiousness for the public sphere of the Russian legislation. The purpose of article is the complex analysis of category «conscientiousness» for identification of the general signs of its manifestation in various segments of system of Russian law. Research problems, proceeding from the current legislation are: to disclose the general signs of category «conscientiousness» applicable both for branches private, and for branches of public law; to define what nature, in the context of division of system of the right on private and public, is the most inherent category «conscientiousness».At permission of the tasks set in work general scientific methods, such as analysis, synthesis, comparison, including comparison and private scientific methods from which it is necessary to distinguish system approach were used.The following conclusions became result of the conducted research: as well as in the private-law sphere, the category «conscientiousness» is widely presented at various institutes and designs of public branches of the right, including branches of tax, administrative, penal law, procedural branches; the legislator, irrespective of character of the relations regulated by it, uses uniform model of qualification of conscientious behavior; the category «conscientiousness» is all-legal and has more essential orientation to public regulation, following from which, and, gaining logical development, the principle of conscientiousness extends to private law.
Implementation of the Objectives of Environmental Policy in the Framework of the State-Private Partnership as a Factor of Sustainable Development of Russia
Authors: Baev V G , Kalinina I A
Published: December 2019

The purpose of this article is to study the possibilities of public-private partnership in the in realization of environmental policy of the Russian Federation and the Concept of sustainable development. Authors consider that the Russian government should be solving in the process of development of the Russian economy problems of ecology (providing the favorable environment; decrease in anthropogenous load of the environment; increase in efficiency of use of energy resources; correction of negative consequences of resource-intensive industrial development). The public-private partnership is investigated as special legal institute and as a form of interaction between government and business. The potential of public-private partnership in solving problems in the sphere of ecology is studied in these planes.Public-private partnership is studied in various aspects: form of investment in environmental protection; mechanism of achievement of ecological interests of the state and society; a way of stimulation of introduction in economy of innovations which are capable to provide interests of ecosystems.Authors support adoption of the comprehensive and integrated programmatic law which will provide a triad of interests: investments - innovations - ecology. The analysis of legal base of public-private partnership and programmatic laws on sustainable development of the Russian Federation has allowed to draw a conclusion on absence between them direct connection. This has a negative impact on the implementation possibilities of state-private partnership to overcome the environmental crisis. Authors offer changes in the legislation for elimination of this inconsistency. They define the problems of public initiative and public oversight in public-private partnership in the field of ecology.Authors approve need of creation of mechanisms of public control for this sphere.
Postclassical Anthropological Theory of Law in the Systematic Presentation of V.I. Pavlov: Review of the Textbook Pavlov V.I. «Problems of the Theory of State and Law». - Minsk: Academy of the Ministry of Internal Affairs, 2017. - 262 p
Authors: Chestnov I L
Published: December 2019

The article gives a summary of the main provisions of the textbook V.I. Pavlov «Problems of the theory of state and law». Of particular interest is the author’s concept of postclassical anthropology of law. The work details the postclassical understanding of the law. Anthropology of law is revealed as a human dimension of law. It is important that the author shows the possibilities of applying his concept to practice.
Political and Legal Aspects of Public Management in Crisis - the Global Dimension
Authors: Okhotsky E V
Published: December 2019

The article examines the legal framework, characteristics and main components of politics and public administration in the context of globalization and the crisis of the negatives of modern Russia, economic, organizational and informational integration frameworks of the state policy in the globalization processes and the practical implementation of anti-crisis state policy and contractional orientation. Analyzes General, special and private in the process of managing anticyclonic specific action based on the opportunities and prospects out of the country on the path of sustainable socio-economic and political development; represented basic components of the mechanism of public crisis management, the most effective forms, methods and means for effective political and managerial activities in crisis and unprecedented external unfriendly to Russia sanctions pressure.
The Role of International Criminal Justice in Fulfillment of the Tasks of the World Community - UN
Authors: Kostenko N I
Published: December 2019

The article examines the role of international criminal justice in fulfilling the important tasks set by the world community in the 21st century to stabilize the criminal justice system, which should become a fundamental element of the rule of law structure; on the recognition of the central role of the criminal justice system in the development of international criminal justice. The work focuses on the need for a holistic approach to reforming the criminal justice system in order to improve the effectiveness of international criminal justice systems in the fight against crime.
Role of European Securities and Markets Authority in the EU OTC Derivatives Legal Regulation
Authors: Kriger A M
Published: December 2019

The work is dedicated to the legal regulation of the European Securities and Markets Authority (ESMA) and its activities in the field of derivatives regulation. Purpose of the research is to analyze the ESMA’s structure and its legal practice. The article describes the reasons of the World financial crisis of 2007-2009 and its impact on the EU economy. One of the issues that presumably provoked the crisis was abusive derivatives contracts concluded in the West. The Commission proposed a new financial markets regulation in the EU which suggested creation of a supervisory authority. The proposal was followed by setting up of ESMA in 2011. The Authority specializes in drafting of the EU legislation in the field of its competence, supervises financial markets, inspects the operation of counterparties and post-trading activities such as central clearing, reporting to trade repositories etc. Furthermore ESMA ensures financial markets stability and transparency, as well as unhampered economic relations and protection from economic downturns. The author relies on comparative, historical and analytical methods. The work was carried out on the basis of legislative sources (the EU regulations and directives) and academic writings of Russian and Western scholars. ESMA has significantly contributed to the implementation of the OTC derivatives reform in the EU. The Authority has to a high degree impacted elaboration of the European legislation dedicated to the successful operation of the financial markets. The research covers the OTC derivatives regulation in the EU and ESMA activities. This theme hasn’t been properly examined in Russian academic writings and therefore draws certain scientific attention.
Official (Cabinet) Subculture as an Environment for the Formation of Criminogenic Groups in the System of Higher Education
Authors: Baytasov R R
Published: December 2019

The article on the theoretical and practical material deals with the problems of bureaucratic (cabinet) subculture, mutual responsibility and the formation of criminogenic groups in higher education.
The Dialectic of the General and Special as a Condition of Development of Local Self-Government
Authors: Akmalova A A , Kapitsyn V M
Published: December 2019

he article substantiates the need for optimal co-relationship of General principles of local government organization and peculiarities of their implementation taking into account the specifics of political and economic development of individual territories, socio-cultural dynamics of local communities, their historical and other local traditions, and its reflection in the municipal politics of the state. Such a policy is justified by the essence of this form of public power, however, is not at present sufficient legal regulation and is implemented spontaneously, largely due to the lack of necessary scientific, analytical and expert support, based on the account of the dialectics of General and special municipal practice.
«Wrong Price Tag» in the Supermarket: «Hard Case» for the Civil Law of Germany and Russia?
Authors: Korolev S V
Published: December 2019

By analyzing analogous private-law cases, which highlight basic features of self-service shopping in supermarkets, the author compares the German and the Russian versions of sale contracts. Especially the relation between the offer and the acceptance is focused upon. Besides invitatio ad offerendum and the so called (Russian) public contract are analyzed. The author concludes that notwithstanding the clumsiness of the German version of sale contract it is better tailored than the analogous Russian version to safeguard the rule of law and the equality principle.
Post-Soviet Ukraine: the Ruling Regime in the Political Space of Ukraine, European Choice and Russophobia (Political and Legal Analysis)
Authors: Okhotsky E V
Published: December 2019

This article is an attempt to understand what is happening in the system of power and public administration of modern Ukraine from the standpoint of scientific realism and socio - political objectivity. The author touches upon the problems of realization by the Ukrainian state of the interests of its people and values of the European choice, proves, in fact, the criminal essence of implementation in practice of the principles of ukrainism, nationalism and Russophobia, explores the «art» of anti-crisis management of the Maidan government and its effectiveness. The author also presents his vision of the historical lessons of the Ukrainian experience, the reasons for the impasse of many decisions of the current rigidly Pro-Western-oriented Ukrainian regime. The methodological basis of the research was made up of classical methods of scientific and legal research of relations, phenomena and processes in the sphere of modern Ukraine’s politics, public administration and its legal support. This analysis (including system-structural) and synthesis, abduction (hypotheses), induction ( from particular to General) and deduction ( from General to specif ic), history and comparativelaw, opinion polls and content analysis of documents, formal-logical method. The analysis is based on the relevant legal acts, sociological statistics, publications of government officials, scientists and publicists. The analysis shows that the conclusions and official statements of the current Ukrainian leadership in the vast majority of cases do not correspond to reality, that their strategic plans are wrong, contradictory and practically hopeless. At the same time, the Ukrainian experience teaches that even a wrong, not particularly effective and even destructive political course should remain in the field of close attention of the scientific community. The actual practice of political records should examine, assess and consider, trying to understand the essence of problems, investigate the causes of failures and deadlocks, and to draw the appropriate lessons. Objectivity of analysis, impartiality of assessments, sobriety of perception of alternative proposals are necessary in the process of state- building and the inevitable crisis stages with their numerous uncertainties, risks and legal conf licts. We need the ability to predict what difficulties and problems the country may face even in a highly developed economy and a fairly stable political and legal system. The easiest way to look for the reasons for failures on the side, shift the blame to predecessors or bad allies, blame foreign enemies or intractable opposition. It’s far harder to take responsibility, to admit to the lack of visioning and adaptability to constructive action.
Legal Responsibility in Civil Society
Authors: Uvarov A A , Uvarov A A
Published: December 2019

The article discusses the various types of content and legal liability in civil society. In the analysis of the concept of positive responsibility points to the fallacy of its identification with a political responsibility. The legal effect of a positive responsibility can be interpreted as a principle or interest, which are designed to provide not only the rights and freedoms, but also the interests of citizens. It draws attention to the feature of responsibility to the state business community, which is sometimes interpreted broadly as a social responsibility, and in practice is often associated with the violation of the rights of business structures.The article proposes to eliminate the legislative gap regarding the responsibility of the representative body of local self-government to the population by including the relevant provisions on the use of a population of mandatory and advisory forms of responsibility to this body. Describing the action of public and corporate inf luence on violators of the relevant social norms, the authors show their distinctive features, highlighting the proactive, preventive nature of these measures with respect to measures of legal liability, the applicable public authorities.In conclusion, we discuss the various purposes of legal liability in civil society, draws attention to the ambiguity of the positive potential of the empowerment of civil society at the expense transferred by it of certain state functions, as outside the legal regulation remain many questions about the conditions and the adoption of these structures sometimes their illegal decisions.
Criminalization of Acts in the Sphere of Lifetime and Postmortem Donation
Authors: Chernysheva Yu A
Published: December 2019

The present article is devoted to questions of improvement of the criminal legislation regarding a regulation of responsibility for the crimes connected with an illegal removal of organs and fabrics of the person in the Russian Federation. The specification of a problem of criminal and legal responsibility for some acts in this sphere demands very close attention and the optimum decision.
Criminally-Legal Ways of Maintenance of Safety of Citizens in the Sphere of Housing and Communal Services
Authors: Kravchenko R M
Published: December 2019

The article considers the issues of security of citizens in the implementation of capital repair of premises by the application of a crime under article 216 of the Criminal Code of the RF. The relevance of this topic is ref lected in the statistics of the state of housing conditions in the Russian Federation, as well as the potential danger of works on capital repair of premises. This fact is indirectly ref lected in the clarifications of the Plenum of the Supreme Court of the RF concerning the issues of qualification of crimes under article 216 of the Criminal Code. However, a law enforcement official is often faced with serious difficulties in the legal assessment of the facts of the injury as a result of unsafe work in the sphere of housing and communal services. This fact also expresses the relevance of the study of issues of qualification unsafe in the conduct of capital repair of premises.The article analyzes the statistical indicators of housing conditions in the Russian Federation, as well as volume of works on capital repair of premises. Also, the paper examines the provisions of the housing and civil legislation governing the execution of works in the field of housing legislation. Based on the results of the analysis of the findings, relevant to the application of the criminal law in this field.In the study discussed the issues of indicators of public danger of the unsafe performance of works in the sphere of housing and communal services and their impact on the qualification of socially dangerous acts in this sphere. The author makes conclusions about the final time of the acts associated with the violation of safety rules during performance of works on capital repairs of residential premises.
Mediation and Its Role in the Settlement of Internal Territorial Conflicts in the RF
Authors: Tsvetkova O V
Published: December 2019

In the article the author offers to use the technology of political mediation in the settlement and the settlement of internal territorial conf lict in the political space of the Russian Federation. Special attention is given to latent internal ethno-territorial conf licts. This article assumes that the mediator in resolving this type of conf lict should be professional and non-professional mediator, using the elements of the technology of political mediation in the form of mediation, conciliation and arbitration.
Reforming Licensing Activities:a Comparison of the Experience of Kazakhstan and Russia
Authors: Vilisov M V
Published: December 2019

In Kazakhstan and Russia, similar institutional reforms are carried out in the sphere of business regulation. In connection with the reform of permitting activities that began in 2017 in the Russian Federation, a similar reform carried out in Kazakhstan in 2014 is of special interest for comparative study. Many legal novels used in Kazakhstan can be applied in the Russian reform. At the same time, for successful implementation, it is advisable to use Kazakhstan’s experience of political and administrative support and strategic planning of reforms.
Issues of Consolidation of Modern Society in the Context of Traditional Risks and Eurasian Integration
Authors: Baburin S N
Published: December 2019

This article discusses the current approaches to the search for forms of consolidation of the modern Russian society in the context of Eurasian integration. Understand the political, socio-economic, legal and civilized Russia risks negative consequences of risks, especially in the spiritual and moral sphere, law and legislation. The rationale for the conclusion that the minimization of negative consequences of risks is possible through the participation of entities of Eurasian integration and all the Slavic world in the creation of the Union State as State form of Russian (Slavic) civilization.
Socio-Cultural Foundations of the National Philosophy of Law: History and Modernity
Authors: Katsapova I A
Published: December 2019

The article reveals the socio-cultural foundations of the national philosophy of law, which are considered in the historical and modern civilizational aspect. The role of law is analyzed in social and cultural programs of social development. It is emphasized that the special importance in the conditions of modern modernization of state and public relations is the understanding of the possibilities and boundaries of the implementation of the existing universal meanings and principles of the organization. It is emphasized relations and their adaptation to modern processes. Modernization is considered as a factor of social development of society, as a way to improve social institutions and relations. The article also focuses on the problem of global modernization and inclusion of local cultures. The article focuses on the problem of adaptation of traditional societies to the modern model of global modernization. The attention focuses on the fact that modern social projects and concepts should move from the concept of «global community» to the understanding of new factors of social life and form new ideas about the conditions of human life in the planetary world.The article reveals the principle of correlation between the philosophy of law and social philosophy. Domestic philosophy of law, is based on philosophical ethics. It is presented in the article as a «normative area of knowledge», and transformed into a system of norms (law and morality) regulations and obligations of public life. It is also emphasized that the main task of the modern philosophy of law is to determine the conceptual unity of historical and modern understanding of the nature of the socio-political world and ways of its knowledge, based on the dialectic of complementarity. The practical task of the modern philosophy of law is to substantiate and concretize the ideology of social life, which assumes the unity of law, politics and morality. It is also proved that in the context of globalization the modern philosophy of law meets the challenges that actualizes the process of socio-political integration and modernization.
Legitimacy of Law: Design and Measurement
Authors: Chestnov I L
Published: December 2019

Legitimacy is the ground of society. However today in all world founded crisis of society confidence. It connected with social world uncertainty. Problem of legitimacy of law is very actual in jury science. Legitimacy like recognition is the essential basis of the rights. Legitimacy of law is social construct, produced by government. Measure of legitimacy of law possible only by illegitimacy of legal relations, legal institutions, legal system indicator.
Legitimation of Law by Aesthetic Means
Authors: Glukhareva L I
Published: December 2019

The article deals with procedure of law legitimation made by esthetic means, including such field of art as painting. Law legitimation is deemed as justification, substantiation and approval of law. It is argued that esthetic legitimation of law is conceivable as the law being deemed as behavior regulator bears the external form. Esthetic valuations from the point of view of manifestation beauty or moral turpitude is applicable to any objects endued with physical form. Art can legitimate the law due to mechanisms of forming of «approving consciousness», as well as clearance (cathartic) function. It is affirmed in the article that the main mean of esthetic legitimation of law is word picture having some special qualities which are significant in the context of the problem under study. Some characteristics and qualities of word picture are listed in the article; such characteristics and qualities are illustrated by references to pictures and lithography of the best-known pointers. Psychologic process of law legitimation is provided by scheme accenting following steps of word picture inf luence on human unconscious mind, preconsciousness and consciousness: impression - affection of imagination - emotional experience - formation of emotion response. Such mechanism of delivery of artists’ views, ideas, attitudes, senses towards legal reality to viewers thanks to L. N. Tolstoy’s ability is termed «contagion». Some problems of esthetic legitimation of law are further indicated. In conclusion it is resolved that procedure of law legitimation by esthetic means counts mainly on emotion and sense component of human consciousness whilst other forms of legitimation ( for example, legal legitimation) primary activate cognitive and intellectual mechanisms.
Vindication of a Share in the Right of Common Share Ownership and Some Features of the Reclamation of Common Property
Authors: Zarubin A V
Published: December 2019

The article analyzes the problem of vindication of share in the common ownership, due to the fact that the object of vindication is the property, at that time, as a share - relative concept. This feature has forced practitioners to adapt replevin to the recovery of shares. The result was a claim of recovery rights to the share. The lawsuit, which restored the right to share, of course, necessary participants of civil legal relationship, but its effective application requires differentiation of the vindicatory claim, a claim of recognition of rights and other means of protection.When compared to the above method of protection, the author comes to the conclusion that the right distinction is based on the factor of possessions. If the owner of the share at the same time with her lost possessions, shall be declared replevin. If the owner has only lost the title, you can apply the claim of recognition of ownership. Fixed rule about the applicability of the claim for restoration of the right to a share is intended to demonstrate the possibility of protecting the rights of the owner of the share.In addition, the paper analyzes the possibility of vindication of the shares, if the assignment was accompanied by the seizure of possession by the other co-owner. The author points out that there are forbidden by law to reclaim the property from the owner, because each of the disputants is only the owner of the share. The owner of a thing is the team co-owners. The basis of the protected ownership is the established order of use or the agreement of the owner with a team of co-owners.At the same time the article reveals some peculiarities of claiming common property.
Legitimacy and Effectiveness of Law:to the Question of Concepts, Their Content and Relation
Authors: Golenok S G
Published: December 2019

The article deals with the problems of approaches of the modern doctrine to the concept of «legitimacy of law», the ambiguity of which is dictated by the variety of existing types of law, the multiplicity of factors that determine the content of law. At the same time, the search for legitimacy criteria in the future should become the basis for the formation of a constructive model of interaction between the state and society, ensuring the proper state of public order. The most preferable approach to the assessment of law is the use of the concept of «efficiency», which in the domestic science is devoted to a lot of scientific work. The analysis of approaches to the essence of the effectiveness of law, allows to determine its criteria, quality certainty, which include the following: the expression and consistency of social interests in the legislation, the quality of normative legal acts and legal norms and normative activities, the achievement of the objectives of legal regulation, including in the form of desired changes in the social sphere, the feasibility of legislative decisions through multi-option and proportionality of social goals, norms and legal means to achieve them, provision of the right to an effective system of justice and other law enforcement agencies. In addition, the factors that inf luence the effectiveness of law are important: the economic development of society and its cultural development, internal and foreign policy, national and ideological, social and psychological. Of particular importance is the study of factors affecting the effectiveness of the legislation of the Federal state. It is emphasized that the combination of factors with their constant changing ratio (by prerogative and scope of inf luence) largely determines the development, including the rule-making of the Russian Federation.
Review-Reflection on the Work Bochkarev S. A.«The Philosophy of Criminal Law: the Question»
Authors: Hilyuta V V
Published: December 2019

The article proposes a correlation of criminal law and philosophy for legal compatibility and scientific ref lection. Based on the monograph by S. A. Bochkarev «The Philosophy of Criminal Law: the Question» is analyzed the current state of criminal law in a philosophical aspect.The article is devoted to the question of philosophical understanding of criminal law. The author considers criminal legal issues in the context of the philosophical method of cognition, critically evaluates the postulate that such modern philosophical directions as hermeneutics, synergetics, the phenomenon of virtual reality as opposed to positivism have a great heuristic potential current paradigm of Russian criminal law. Rational and critical consideration of the provisions of monographic work S. А. Bochkareva puts on the agenda of the day the question of the importance of the inf luence of philosophy on solving problems of law, including criminal law. The arguments for and against such an approach are given.
Freedom of Assemblies as the Guarantee of Civil Activity
Authors: Kuryachaya M M
Published: December 2019

Based on the analysis of the current legislation, the article examines the opportunities of citizens associated with the implementation of civil activity as organizers and participants of public events. New forms of mass public activity are considered and proposals on their legal institutionalization are made.