No 3 (2015)

The article refers to the fact that business as a stand-alone phenomenon, in principle, is organized on the basis of its own rules and principles established by the subjects of these activities independently, and the agreement as a tool for regulating private law relations of economic entities is, in principle, the main regulator of their relationship. If implementation of the interaction between two private business entities actually performed under private law, which defines a set of reciprocal rights and duties, it is still for the most of the possibilities of such cooperation necessary to observe a number of administrative and legal requirements exposed to public law. Even the implementation of a purely private-law transactions presupposes the existence of the status of the entrepreneur, which is acquired through registration as such in accordance with the law, that is, through administrative and legal relations. In addition, it is noted that in the modern rule of law standard material, which we refer to private law, also developed with the direct involvement of public authorities. The intervention of public authorities in the activities of non-state actors sector is caused by the need to protect rights of others and constitutional values, which can potentially be violated by economic entities of non-state sector of the economy. The article states that the administrative and legal status of subjects of the non-state sector is heterogeneous, which explains the differentiated approach to the administrative and legal pressure on private businesses. The authors conclude that the administrative and legal impact on the interests of private law is carried out not only through direct administrative methods of legal provisions, but also through indirect economic, financial, and material, etc. measures.

Forty years ago in the Islamic states of banks (credit institutes in our understanding) wasn’t since laws of Sharia consider issue of money under percent a grave sin. Now in the world there are more than 300 Islamic banks, their general assets exceed 500 bln. dollars of the USA with a growth from 10 to 15 percent a year (data of UBS Swiss Bank which opens at itself Islamic department). According to Sharia, the Islamic bank can’t invest money in some forbidden types of activity: production and sale of alcohol, gaming houses, and other restrictions of an ethical sort. Islamic banking is fundamentally oriented to real economy, to real production and to allowing for speculation. One of the interfering factors influencing implementation and development of Islamic banking in Russia is the low awareness of professional participants of the financial market, and also the population in general, about structure and the principles, functioning of the specified banking. The potential base of clients in Russia is, and the first experiences confirm it. However, the problem can be solved adjustment of the Russian legislation, creating thereby favorable conditions, both for local, and for foreign investors for implementation and promotion of an Islamic bank system. Creation of the relevant coordinating structure and mutual tolerance is required.

The article deals with the introduction of the German business company with limited liability - Unternehmergesellschaft. UG is not a new legal form, but is actually a special variant of a limited liability company. It is proved that the establishment of UG allows to start business quickly and later gradually develop it to a full limited liability company without the need to re-register. In order to enhance the international attractiveness of the GmbH provides opportunity to transfer management of the company abroad. It is noted that the German limited liability companies got opportunity to choose the location of the governing body, which can now be located outside Germany, and which differs from the place of registration of the company in Germany according to memorandum of association. Changing role of the list of participants of the company, the revised list of responsibilities of the manager and the notary against him are reviewed. A number of provisions aimed at combating abuse, in practice, widespread, especially in the case of bankruptcy of the company is analyzed. The article provides information that in order to prevent the practice of evading receipt of court documents, for checking the company now it is required to entry into the register of reliable and affordable to deliver information and documents address in Germany. The author concludes that in general the changes in legislation in 2008 were aimed, first, at simplifying and speeding up procedures for the establishment and registration of limited liability companies; secondly, to increase the attractiveness of the organizational-legal form; thirdly, to combat abuse.

The complex analysis of modern world political reality in the context of consideration of an actual The article deals with the comparative legal analysis of trends more and more evident in works of foreign (mainly European and North American) scientists, whose non-critical estimations only exacerbate the systemic crisis in many spheres of public relations which significantly increases fundamental contradiction between the West and the East. Using the methods of historicism and comparativism, permanent deepening stagnation of «Western» model of democracy (both socio-economic and political point of view), which for several centuries was the «locomotive» of Christian civilization, and than was replaced by ideological, ethical and religious surrogates of multiculturalism and tolerance, is stated. According to the authors, the paradox is that the crisis in the most important spheres of public and private law relations is determined by a number of factors arising from the process of liberalization of those areas of human activity, the taboo nature of which several decades ago did not cause any objections. Globalisation - as a system process - encouraged actualization of such a phenomenon as «legal imperialism» (as component of which «legal colonialism» should be considered), the answer to which has become a large-scale radicalization of terrorist organizations, religious fanaticism and nationalist extremism. Unfortunately, neither the Anglo-Saxon nor the continental law system (without mentioning international law), despite some positive trends, failed to adequately respond to the demands of the day, thus only strengthen the negative component of the «Western» civilizational paradigm. Apart from North Africa, it is most clearly manifested in the Ukraine, where the scientists, ignoring the theory and practice of the historical process, actively rewrite and edit historiography of «independent state», thereby seeking to justify the «relevance» of the February coup. That is supported by foreign researchers, who increasingly actualize mechanisms of this kind to justify Russophobian concepts and doctrines of anti-Russian. Not wanting to give up the practice of double standards, representatives of Western scientific thought continue to provide a powerful ideological pressure on those who have traditionally been associated with the so called electorate, in a majority superficially knowing the history of even their countries. Propaganda substitutes science, giving priority to a wide range of myths, presumptions and unfounded ascertainings which no one calls into question. Aim of the article is using the methodology of comparative legal analysis to show the falsity of the scientific and ideological stereotypes existing in foreign and domestic political science.

In the article there is an attempt to understand, taking into account the historical experience, the social, legal and economic nature of the Constitution as a legal management tool, issued in the end of the XVIII century, which has a dual nature. On the one hand, the historical appearance of the Constitution as a legal act related to the socio-economic (structural public) shifts (revolutions) in developing societies, when the Constitutions replaced the monarchs and were a tool of society, which was negotiating with the state. On the other hand, the evolution of the spirit of the Constitution over the past two centuries almost completely changed its content, when it is not society dictates its terms to the state, but the state with the help of the Constitution establishes for the society those or other requirements, obligations, legal boundaries. From the subject of management society is transformed into an object of management, and the state, which once acted as a control object, becomes the subject of management. In this regard, according to the authors, it is necessary to consider the suitability of this instrument of management (Constitution) to the changing realities. Social Contract may become a desired national idea of Russia, uniting the state and society and contributing to the development of democracy at its best.

Thе article criticize the concept of the right «is involved» from the standpoint of the general theory of law in the legal rationale for enforcement of the right processes. As the only channel through which the law is brought to life, the legal relations have a complex structure, in the disclosure of which the author presents his own position with respect to its constituent elements. It is proved that the main purpose of relationship is that it acts as a channel-specific implementation of the law. It is proved that the consistency of the individual will with the public, their general thrust contribute to the unity of legal and factual content of these social relations, contribute to the implementation of planned by the legislator to everyday life at all stages of the processes occurring at the same time. Elements of the legal relation are distinguished: legal entities; subjective rights and legal obligations; good behavior; object relationship; legal fact. In the article it is concluded that without these elements, considered in systemic unity with the subjects of legal relations and forms a specific legal integrity called legal relations can not be a theoretical model of enforcement of the right.

The article deals with some aspects of the interrogation of children under 7 years. According to forensic and investigative practice, when deciding whether to prosecute and conviction by the court for committing these crimes, a great influence on the investigators and judges have the testimony of child victims, who are the cornerstone of the prosecution. For using the information received from a minor as an evidence in court, it should only be obtained in the process of interrogation, with a corresponding registration of the protocol. At the same time not only investigator but also child’s legal representative, a psychologist and educator have to take part in process of investigative action. The article concludes that the peculiarity of the interrogation of minors is not to premature assess the validity of received information but to help getting the most comprehensive, accurate information by the methods and techniques that consider characteristics of the child. This article discusses the methods that are no so far widespread, although they are based on practical experience, and their effectiveness is confirmed by studies conducted in the investigation of grievous and extremely grievous crimes in the Russian Federation. The main recommendations for the organization of such investigative actions are formulated in accordance with the child’s cognitive development. Carrying out monographic studies on this subject would give a hand to employees in the investigative units, prosecutors, investigators, and it would be useful for students, teachers, scientists, representatives of law schools, as well as people who are interested in the issues of criminology and psychology. Taking into consideration that the process of obtaining information from an interrogee is based on objective laws of psychology and criminology, it seems that the findings can be used not only in the practice of Russian law enforcement agencies but also in other countries.