No 2 (2014)

Article is devoted to development of definition of the constitutional concept «restriction of the rights and freedoms of the person and citizen». On the basis of the analysis of theoretical views and the constitutional provisions signs of studied concept are allocated. It is specified value of this concept for science and law-making activity.

The article is devoted to problems of the realizatio№ of the constitutional right to information within the current federal legislation.

In the present article author analyzes threats of modern society caused by a wide circulation of information technologies and shift of the part of offenses in the global information and telecommunication network Internet.

This article deals with the dual nature of the securities. The analysis of the civil and administrative legal relations arising in the field of securities turnover their characteristic forms and methods of legal regulation, depending on the nature and subject structure of relations. The author of the necessity of renaming the law governing the securities market on the back of the Law on Securities, as more fully reflects the nature of regulated relations.

The article analyzes the peculiarities of legal regulation of relations to provide rating services. Emphasizes the civil nature of these relations. The author's definition of the rating services, defining its symptoms. Analyzed legislation governing the provision of services. It is noted that the legislation on the provision of rating services in the Russian Federation is actually in the process of formation. Analyzes the concept of quality of rating services, authorized concept features quality rating services. Notes that the law does not impose any mandatory requirements to the quality of the rating services. Found that an important mechanism for confirming the quality of the rating services is accredited rating agencies. Concluded that the civil-legal nature of the rating services allows us to consider them in the context of the law of obligations. At the same obligation on rendering the rating services is negotiable.

The article analyses different types of breaking of lawfulness principle [art. 7 of PPC of Russia] while investigating of criminal cases.

This article discusses some of the deflict of legal regulation of procedure construction in the mining lease, as well as legal risks subsoil renter that can arise during such construction.

The peculiarities of the legal status of sports coach, who attributed labor law to a particular category of employees whose work requires special legal regulation. The author analyzes the foreign practice and concludes that overseas status of a sports coach is not differentiated. According to a Russian labor law legal status coach divisible by teaching staff and sports coach directly. Determined substantial specificity sports labor product of sports coach - as a result of labor produced athletic trainer, the performance of his functions under the labor contract.

The article contains brief review of various approaches to a historical and legal periodization. The comparative-historical typology of the law is considered on the basis of historical and genetic (diachronic) and historical and structural (synchronic) approaches. It is offered to allocate such main aspects of perception of the law, as gnoseologo-axiological and ontologo-prakseological aspects. In their framework two directions of comparative-historical typology of the law are developed: morphological and nomotetiko-systematic. The author claims that nomotetiko-systematic approach to a periodization of law history is oriented on the analysis and classification of historical forms of law-making, specific law culture and practice of systematization (codification) of the law.

The article examines several classifications of models of confessional-state relations, used in modern legal science, religious studies, political science. Their comparative analysis to identify similar and different features as well as the internal contradictions of these classifications. Revealed contradictory trends in the institutionalization of national confessional-state models of modern countries: unification relation to confessions on the basis of international principles of freedom of conscience, and individualization of these models on the basis of tradition, embodied in the national legal systems.

The article investigates the language as an object of constitutional-legal protection. The author explores the features of securing the status of languages, the nature of language human rights and of the language of nation, and the structure of the complex of language rights.

This article describes the author's approach to the analysis of prerequisites for the origin of antitrust law and its development and evolution in the European Union, which was influenced by the American doctrine of antitrust law and obtained a modified development in the German national legal system. It’s analyzed the Keynesian & neoliberal doctrines in comparison, and also explores the leading role in the development of ordoliberalizm in competition law of the European Union.

The author analyses foreign experience of public-private partnership, models of legal regulation of public-private partnership in foreign countries, principles of interaction between public institutions and business in realization of joint projects, there are outspoken concrete recommendations related with the perspectives of development of public-private partnership.

In article comparative and legal research of status professional rights of the advocate-defender on the legislation of such states of the former USSR as Republic of Belarus, the Republic of Moldova and the Ukrainian republic for loan of the revealed progressive aspects for use in regulation of this legal institute in Russia is conducted.

Article focuses on the classification of models of legal regulation in the sports sphere and of interaction of the models of public administration and self-government in the sports sphere. Explore the concept of «European model of sport».

On the basis of the analysis of relevant international legal documents, provisions of the general theory of Law, extensive contractual practice of national NGO, taking into account opinion of domestic and foreign researchers, the author proves that agreements of national NGO have international public character in cases when these agreements are approved subsequently by the government of the respective country.

The human rights treaty bodies - international organs controlling the implementation of core international human rights treaties by States and forming an interlinked system today - are being confronted by a number of compelling challenges that seriously undermine their effective functioning. The current treaty body strengthening process aims to enhance the work of the treaty body system in a way that these challenges are addressed in most efficiently. In these terms the legal assessment of the system’s problems is essential for finding mechanisms of their solution that would ultimately improve human rights protection at the national level.

The article explains the concept of universal jurisdiction, the gradual emergence and recognition of the principle of the jurisdiction in international law. It shows the possibility and conditions for the exercise of universal jurisdiction by bodies of international criminal justice, in particular, the International criminal court.

The article discusses current issues related to the conceptual aspects and legal nature of the human right to higher education. Special attention is paid to the refinement of the functional nature of higher education, which the author considers in two roles: as a public good (common property) and personal benefit (a means of strengthening the social competitiveness of the individual).

The article analyses international legal basis of protection of human rights of older persons as a vulnerable group, determines the main problems in the area of ensuring their rights at the national level through the activities of the Committee on Economic, Social and Cultural Rights. The article concludes that there is a necessity of the adoption of comprehensive antidiscrimination laws by States aimed at fighting discrimination in all spheres of life on all grounds including age.

Due to the fact that the Russian Federation should stimulate efforts to improve the business and investment climate, and not be satisfied with the current level of interest in the domestic economy from foreign investors, further improvements in the legislation on arbitration courts, creating a positive image of the ICAC not only from foreign but also from domestic entrepreneurs to empower the implementation of major projects involving major foreign investors are particularly research significance. That is why the SWOT-analysis of the ICAC presented in the article, in order to identify its compliance with domestic legal regulation of global trends of development of legislation on international commercial arbitration, as well as the contemporary needs of international trade and cross-border investment cooperation are of particular relevance.

The paper touches upon the subject of study of the Judiciary and related activities while teaching law-students of non-linguistic Universities English for special purposes (ESP). Brief review of the Judiciary in Russia, UK and USA is given here. Analysis of frequently used English terminological set expressions is made. Interdisciplinary and personal achievements of non-linguistic Universities’ law students is accentuated.

The article examines characteristic features of medical interpreting as a specific field of professional activity within the framework of Public Service Interpreting as well as legal implications PSI provision. The article also considers specificity of interpreter-assisted doctor-patient communication, criteria of its effectiveness as well as the impact of institutional context on communicative goals and social identities of the participants.

In this article define drange of genres solemn eloquence, noted the keyrole of genres official ceremonyoratorik. Analyzes the general lexical and grammatical features, natural lyevidenced ina number of genres official solemn eloquence. In particular, identifies semantic blocks of lexical and phraseological units, operating in the political discourse of leaders, and alsonotes a number of grammatical features of considered texts.