No 4 (2014)

The article is devoted to the problems of applicability of different methods of comparative legal research. The authors prove the dependence of such methods from the nature of the analyzed legal phenomena. The article also points out general rules of comparative legal analysis.

The article analyzes the debate about the place of church law in the legal system of the country, which arose in the XIX - early XX centuries. The importance of this issue for the formation of the concept of «legal system» is shown. It is revealed the foreign theories which were perceived by Russian specialists in the field of church law. The impact of this debate on the contemporary qualification of church (canon) law is examines.

This article analyzes the concepts of personal status, fixed by the constitutions of states representing different legal families. There are three basic concepts of personal status: liberal, moslem, socialistic. There are indicated the specifics of constitutional rights, freedoms and duties of man and citizen, due to the corresponding concept. It is concluded that the concept of the constitutionally fixed status of the individual is one of the principles of political and social system, and it determines the list and contents of the main and branch rights, freedoms and responsibilities, it defines goals, objectives and content of the activities of the state bodies.

This article is devoted to the transformations of the subject of legal science in the conditions of postmodern. The latter is characterized as a current period when the concepts of the foundations of the world order are radically changed. The transition to a non-classical rationality with it’s basic principles of variability, decentration, contextuality is the expression of it in the socio-humanitarian field. The last of those principles is explored more thoroughly. The recognition of contextuality of the law accents its social conditionality, what renders impossible the isolated studying of a legal reality. The article considers the different types of contexts, to which it is accepted to address within the continental and Anglo-American traditions of legal researches, their importance for the law studying are shown. The special attention is paid to social challenges which legal regulation and legal science face in the conditions of postmodern, such as «death of a legal entity» (the radical change of position and the self-consciousness of person in the postmodern epoch), mediatization of law and influence of mass culture on it.

The article is devoted to the actual problems of the law and morality correlation in regulation of the educational relations in Russia and the countries of Anglo-Saxon legal system. According to the authors, the development of local regulation system in Russian higher education institutions in the context of a new Federal law «About education in the Russian Federation», expansions of the international cooperation of Russian universities and realization of the Bologna agreement can be based not only on own legal traditions, but also on experience of the developed foreign states.

In this paper, the author analyzes the recent changes in the electoral law of modern Russia and some unsolved problems still persist , for example in the field of judicial protection of electoral rights of citizens or the responsibility of deputies to the voters . On the basis of the study the author proposes a number of measures to harmonize the entire body of legislation on elections of deputies and administration responsibility to the electorate.

The article deals with the problem of establishment of legal system in Spain after the proclamation of the Republic in 1931. The Constitution adopted by the Constituent Assembly enshrines the national (domestic) character of the legal system. The author of the article notes various terms used in the Constitution to refer to the actual legal system of Spain: derecho positivo (positive law), ordenamiento jurídico (law and order) and ordenacíon jurídica (law and order), which were not identified with the term «Spanish law» (legislación española). It was new for the Spanish constitutionalism to include general rules of international law into the national legal system; in this case the example of the Constitution of the German Empire in 1919 was adapted. The Constituent Assembly did not include these rules in the system of Spanish legislation. The Constitution of the Republic, statutes of the autonomous regions, laws of the state and the laws of the regions, the acts of the President and the acts of the government mentioned in the text, were considered to be elements of system of Spanish legislation. International treaties concluded by Spain were also among them. Because of the influence of the constitutional experience of Soviet Russia it was declared a renunciation of secret treaties. The procedure for their conclusion had the following stages: preparation and signing of an international treaty by the President of the Republic, the approval by the Cortes, ratification by the President and the registration in the League of Nations. International treaties concluded in accordance with the Constitution, occupied a particular place in the hierarchy of the system of legislation: the Constituent Assembly provided for their supremacy over the laws, adopted in accordance with the Fundamental Law (Constitution). The second important feature of Spanish legal system, noticed in the article, is its correspondence with the territory organization of the republican Spain. It was defined by contemporaries as «the state of regional autonomy» (J. Lombardi). The decision to establish the autonomous region was to make out by the Statute, adopted on the initiative of the municipal Councils by a referendum (for a positive decision was required not less than two-thirds of the votes in the region). However, in order to give a legal effect to the Statute it was necessary to be adopted as a law of the state by the Cortes (parliament). Statute, adopted according to the Constitution, was considered to be the «basic law» (ley básica) of the Autonomous Region, fixing its political-administrative organization, was recognized and protected as «an integral part» of the legal system of the Spain. It is pointed out in the article that there were two types of basic laws in the republican Spain that prescribed the organization of public authorities: the Constitution - for the whole of Spain and statutes - for autonomous regions. The latter must be correspondent with the Constitution and organic laws. Division of powers in the field of legislation and application of laws was made by using subjects of regulation as criterion. However, this activity could be carried out only in accordance with its Statute, which also had to provide for the legislative process. The author gives examples of the implementation of these provisions in Catalonia after the adoption of its Statute. Despite the marked tendency towards centralization the distribution of legislative powers between the state and its administrative units was an important innovation, which attracted the attention of contemporaries. Republican basis of the legal system is identified with the direct participation of the people in the law-making process by the people's legislative initiative and the possibility to adopt laws by referendum, as well as to adopt Statutes of the regions by their electors. People`s participation was carried out also by representative bodies: the Cortes, president, government.

The article deals with the concept of public relations, analyzes their role in the development of modern Russian statehood. Particular attention is paid to the role of public relations in the formation of civil society. The author analyzes the trends in the development and improvement of public relations. The article emphasizes that, in the formation of civil society development of public-public cooperation should be limited to legal forms, by the strict improvement of the existing legislation in the political, economic and social spheres; insight into the role of the education system and modern communications systems. It is concluded that the state should conduct targeted legal policy aimed at the formation of a strong system of public relations as a pledge of successful democratic development of the country.

In this article, and theoretically analyzed the essence, nature and the social conditions of compulsory insurance. On the basis of the identifying features of the Genesis of compulsory insurance, highlighted his features, principles, forms, scope and features.

The article is one of a series of articles on the importance and characteristics of bioethics in the modern world and its interaction with the law. The article investigates the ethical-legal and institutional regulation of biotechnology in France, Italy, Germany and Austria. The authors studied the peculiarities of the legal and institutional regulation of clinical trials, in the field of embryology, in the field of stem cell technologies, including the use of stem cells, and in the field of genetic engineering, cloning in humans and animals, in the field of organ transplantation. The author's definition of bioethics (as science) and bioethics (as a system of regulatory statutes (lex biomedica), defining a set of ethical imperatives and approaches in medicine and health care, pharmaceutical and pharmacology).

In article an attempt of an assessment of some results of realization of standards of the Federal law of November 21, 2011 № 324-FZ «About a free legal aid in the Russian Federation» is made. from a large number of civil and procedural affairs allocates administrative legal proceedings, that is the cases considered as hl. 25 GPK Russian Federation «affairs Production about contest of decisions, actions (inaction) of public authorities, local governments, the official, the civil and municipal servants». It is obvious that with complaints of this kind the needy citizens who don't have financial opportunity to receive from body of the public power service appeal to court, rendered in the form of legal or illegal commercial bribery generally. It must be kept in mind also that provides assignment of counsel as the defendant's representative which residence isn't known, and also in other cases provided by the federal law. In this case, help given by the lawyer is paid from the federal budget, and for the principal it is free.

In article an attempt of identification of the directions of improvement of the civil legislation on the limited real rights in the sphere of land use is made. Granting by the law of possibility of establishment of the right of building of the land plot without instruction that for transfer of such right to other person the owner himself has to have the allowed use of the land plot belonging to it under building, i.e. have such rights is represented to the extremely wrong. Building has to be allowed for the land plot concerning which the right of building is established. Possible restrictions with the federal law of the rights of possession, use and the order with property, freedoms of business activity and freedom of contracts have to meet the requirements of justice, to be adequate, proportional, proportional, to have the general and abstract character, not to have retroactive force and not to affect a being of the granted constitutional rights, i.e. not to limit limits and application of the relevant constitutional standards; possibility of restrictions and their character have to be caused by need of protection constitutionally of significant values.

The article is focused on question of reform of public and private company’s and the various problems that accompany the reform of civil law.

Forgery by an official provided for in clause 292 of the Penal code of RF is a corruption-related crime. However measures of criminally legal counteraction to office forgeries significantly differ from the Russian legislation in acts of the international and foreign law. The article states an attempt to formulate offers to the domestic legislator for efficiency increase of the clause 292 of the Penal code of RF in counteraction to office forgeries on the basis of studying of provisions of the international and foreign law. Criminal law measures of some countries (like Austria, Azerbaijan, Belgium, Spain, Latvia, Belarus, Uzbekistan, Germany) in the forgery sphere differ significantly from the Russian legislation. For example, if the forgery committed socially dangerous authorized entities recognized in many foreign mills, in most advanced economies conduct relating to fraud are covered, as a rule, standards regarding the responsibility for the various types of fraud. The article attempts to explore the basis of the provisions of the foreign law to formulate proposals to the domestic legislator in order to improve the effectiveness of countering forgery.

The article touches upon the problems of the search for truth in criminal proceedings and pre-trial agreement. Particular attention is drawn to the fact that simplify the criminal proceedings had tried before, but it kept the principle of the mandatory establishment of objective truth in the course of the proceedings. Comparative analysis between the European continental and the Anglo-Saxon institutions "transactions of recognition." The article analyzes the views of supporters that depart from the principle of reflection. Based on the conducted research, the authors argue that the simplified procedure does not prohibit the search of truth, as evidenced by the actions of the judge on senior 316 and senior 317.7 the code. The judge objectively evaluates the actions of the defendant, which are listed in the pretrial agreement and has the right to take a case in a specific order in connection with pre-trial cooperation agreement, other than the sentence of a court decision. The idea is substantiated that the Russian criminal procedure puts at the forefront the establishment of all the true circumstances of the incident, and only after that the achievement of formal result and reduce the time and scope of the criminal process. The authors come to the conclusion that the Russian criminal procedure puts at the forefront the establishment of all the true circumstances of the incident, and only after that the achievement of formal result and reduce the time and scope of the criminal process.

The article is dedicated to the analysis of the crime of legalization of criminal proceeds as international conventional crime. Within the scope of the study the author has made a legal analysis of universal and regional conventions of international law covering both status of the legalization of criminal proceeds as a crime, prescribed by international conventions, and international cooperation against this type of transnational crime.

The processes of globalization providing an impact on almost all aspects of modern society in the emergence of new threats and challenges facing humankind today, dictate the need for closer cooperation between all States in order to respect human rights and fundamental freedoms. The increase in the number of international relations subjects inevitably leads to the expansion of the scope of the international law regulation. Strengthening the economic dependence of the continuity of financial and trade flows is the result of radical changes in the status of transnational corporations. In these circumstances, the violation of human rights by transnational corporations inevitably leads to the need of international cooperation. This article is focused on the contemporary issues of the transnational corporations’ legal status, issues of human rights violation by transnational corporations in frames of the international responsibility institution development.

The article attempts to determine whether it is possible to find a consensual foundation for the justification of the right to health, as a category of human rights established in International Law. The article focuses on the analysis of the theory of human rights, which is based on the public interest and serves as the conceptual basis of the right to health.

The article analyzes the legal thought of the Russian emigration in Germany in the 20 years of XX century. It also deals with the publishing activities of the Russian emigration, investigates writings of Russian emigrants written in Russian in Berlin and traces life journey of some Russian lawyers.

In the article the international principles and standards for the protection of honor and dignity of participants in criminal proceedings considered opinion of Russian scientists on the role of the principle of «respect for the dignity of the person» in the criminal process. The principle of respect for human dignity, as well as other principles, originally appeared in the domestic legislation of different countries, and is currently the general principles of law recognized by the states - participants of international relations. Review rules as the Russian legislation, and other countries in the world devoted to the legal regulation of issues related to protection of honor and dignity of the criminal process. Analyzed more common, often repeated complaints of violations of the right not to be subjected to inhuman and degrading treatment received by the European Court of Human Rights.

In the article author analyze some features of the legal regulation of activity on the global information and telecommunication network - Internet. Author takes into the account specifics in general, and also some aspects of activity in some national segments of the global information and telecommunication network - Internet in particular. Author analyzes some features of addressing and males conclusions about features of the location of device/user of the global information and telecommunication network Internet determination for definition according to what legislation these or those actions of the user have to be estimated. Author pays attention on the consideration of the jurisdiction questions. In the course of research author gives opinions of the scientific, expert communities, public authorities representatives. On the basis of the conducted research author does offers and makes recommendations.

The article sifts various approaches to the definition of the category «law and order», it gives some examples of branches of law. It proposes such kind of branch of law as sports law and order. For the first time the author considers the structure of sports law and order and its structural elements. He focuses on the following elements: 1) regulations of law, concerning sports relations. These regulations are in laws, by-laws and laws adopted by public sports organizations; 2) subjects (participants) of sports law and order. The article proposes to refer volunteers, inspectors and law enforcement agencies to traditional subjects of sports relations. The author stands for creating a special unit of the Internal Affairs agencies -sports police; 3) rights and obligations of subjects (participants) of sports law and order. The rights and obligations of separate subjects (participants) sports law and order, enshrined in law; 4) sense o justice and monitoring formation, functioning, improvement of sports law and order. Based on the works of leading experts in the field of sports law and order the author concludes that establishing limits of government interference in the sphere of sport and improvement of mechanisms of interaction between state and community sports organizations are key factors. The article also provides a comparative analysis of individual elements of sports law in Russia and abroad.

Readers are presented with copyrights arguments on the relevance of the legislation of the Subjects of the Russian Federation on administrative responsibility in today's complex operating conditions of the domestic economy. The article describes the main factors preventing the active improvement of the legal regulation of administrative responsibility at the regional level.

This article is devoted to disclosure of some aspects of modern education. The analysis of educational systems and technologies is carried out, sources and tendencies are opened. The special attention is paid to studying of the main lines of the student using these technologies and also social aspects in general are considered. In the conclusion, we will note that the successful project in the sphere of educational technologies can turn out when solves not only the main objective. Similar systems can be used, including, for collective discussion on application of acts. A characteristic example is the bank environment where in the sphere of the currency legislation, there are regular changes, especially when there are comments or letters from the Central Bank of Russia. Similar systems can inform in due time workers on changes and organize collective discussion of innovations, thereby increasing overall performance.

In the present article, the author analyzes in detail all the normative-legal acts that connected with the State Corporation «Rostec «. Also this article explores the distinctive features of the legal position. The author analyzed in detail personnel policy, which is guided by this organization.