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No 11 (2016)

ECONOMICS AND LAW

9-21 666
Abstract
The article subjects to criticism the dogma that had entrenched in the Soviet and post-Soviet civil law under which a civil right to protection is treated as an ability, feature or legal po wer of any subjective right to be enforced. The author gives reasons in favor of an opinion under which a civil right of an individual to protection is treated as a right to subject an offender to measures enumerated in Article 12 of the RF Civil Code. An analysis of such a measure as execution of a duty in kind proves that the civil right to protection like any other claim against an offender is the right to being subjected to such a measure. A claim right to protection means a right of claim initiated by the violation of a legal interest of an individual that represents a right of a defendant to an action taken by an offender that is combined with an opportunity for a latter to be subjected to an action required by law and, thus, treated as a right to ask the court to satisfy a claim. Arguments in favor of treating a civil right to protection as a right of claim substantiate the naturalness of reasoning according to which an infringement of a right of a person entails a new right to protection that is different from an infringed right. The specificity of this protective right is that it is aimed at an offender and it is a right of a claimant to demand from the court to subject an offender to taking a certain action, i.e. to satisfy a claim, and is characterized by a variety of actions an offender is required to take and that satisfy not only an infringed interest of a claimant but also interests provoked by an infringement, for example, payment of damages or payment of penalty. The author takes a stand according to which after a limitation period expires a subjective civil right ceases to exist. The rule enshrined in Article 206 of the RF Civil Code makes it obvious that according to Paragraph 2 of Part 2 of Article 199 the expiration of a period of limitation of actions discharges a claim right to protection and, thus, annuls a legal interest of a creditor in an action of a debtor and a right to claim this action as an opportunity to enforce it.

THEORETICAL PROBLEMS OF BRANCHES OF LAW

22-32 784
Abstract
The article analyses the concept of corporate relations that have been included into the subject of the civil law regulation as a result of a large-scale reform of the civil law. The definition of corporate relations that first appeared in the RF Civil Code uniquely refers them to the subject of civil law, thus, closing the chapter on a long-existing scientific dispute concerning the legal nature, essence and classification of corporate relations. At the same time, a methodological approach chosen by the legislator for referring corporate relations to relations regulated by the civil legislation, as well as for internal differentiation of such relations, is ambiguous and it generates new disputes that occur amid controversial understanding and interpretation of the challenged legislative innovations. In an effort to clarify the issue in question, the author notes that confirmation of corporate relations in the civil law system is a logical consequence of a normative division of legal entities into corporations and unitary organizations. The paper concludes that the term "corporate" is inextricably linked to the concept of a corporation, and such relations have a legal classification within which they are differentiated into two main types: relations associated with the participation in corporate organizations; relationships associated with the corporate entities management. In order to establish doctrinal and law-enforcement value of dividing corporate relations into the types listed in the article, the author attempts to define the content of categories "participation" and "management" in relation to corporate organizations, as well as to identify legal interrelation of these structures. The author stresses that the existing civil and cross-sectoral legislation lacks terminological uniformity, hence a number of supplementary legal concepts are subjected to analysis: the author compares categories "participation" and "membership", differentiates legal statuses of "founders" and "participants" of a legal entity, analyses such idiomatic structures as "participation in corporation affairs" and "participation in corporation management". The final part of the article provides an assessment of effectiveness of regulatory mechanisms used when corporate relations are implemented and differentiated in the subject of civil law including mechanisms analyzed amidst the relevant provisions of the Draft Uniform Civil Procedure Law of the RF.
33-45 726
Abstract
The author believes that the administrative law framework for ensuring legitimacy in the environmental sphere is the system of administrative law tools through which an efficient protection of environment is ensured. Structurally it consists of administrative law norms, administrative legal relations and acts of administrative law application. Within the framework of the common description of ecology the author considers the issues that characterize operational effectiveness of the evolving regulatory and protective relations. The paper analyses how the legal framework of the Russian Federation in the sphere of ecology is functioning with due regard to the federal structure of the state. The author gives legal characterization to the effective legislation in accordance with a level of state governance in question (federal and regional levels), as well as at the local government level. The paper shows problematic issues and suggests ways to address them. In particular, according to the author, one of the issues that have a significant impact on the level of legitimacy in the environmental sphere is a drawback inherent for the Russian legislation in general - namely, implementation of a law enforcement process based on a wide range of regulations that often do not have the necessary systematic character and logical completeness. Conclusions and proposals are based on certain examples and analysis of statistical data. The author makes a reasoned conclusion that stability and quality of fixing social relations in laws directly influence the level of legitimacy in the sphere of ecology. In addition, frequent changes in modern Russian legislation and uncertainty in the regulation of social relations stemming from instability results in unreasonably frequent changes in the content and limits of the proper conduct of actors participating in emerging legal relations.
46-60 669
Abstract
The legal term "legal ground" is associated exclusively with activities of the Constitutional Court of the Russian Federation. However, having dealt with the issue of applicability of this term, the author concludes that it is applicable to the activities of a legislator, the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation. Based on the analysis of definitions of the term "legal ground" in law books, the author gives his own definition of the term. A criminal law ground of a legislator means a consistent and firm understanding of fundamental principles of criminal law that have been formed during the long history of the development of the science of criminal law. Criminal law grounds of the Constitutional Court of the Russian Federation reflect the meaning of legal rules and institutions of criminal laws within the framework of constitutional law and such grounds contain a formal conclusion with regard to the compliance (or noncompliance) of a rule in question to the basic provisions of the Constitution of the Russian Federation. Criminal law grounds of the Supreme Court of the Russian Federation involve interpretations of the provisions of the criminal law enshrined in the decisions of the Plenum of the Supreme Court of the Russian Federation aimed at ensuring their proper and uniform application by all courts in the country. The paper provides examples of unmotivated retreat of a legislator from initial legal grounds and making criminologically ungrounded changes in criminal law, which often leads to legal uncertainty. The author notes far from isolated cases when the Supreme Court of the Russian Federation changed its legal standing, although the legislative regulation of legal phenomena that are subjected to evaluation has not been changed. In this regard, the author cautions about the possibility of a negative impact of such derogations on the uniformity of a judicial practice and adherence to the rule of law.

ПРОБЛЕМЫ ПРЕДВАРИТЕЛЬНОГО СЛЕДСТВИЯ

61-70 2218
Abstract
The article is devoted to the issues related to an essence of resisting crime detection in general, and resisting investigation of crimes related to trafficking narcotic, psychotropic, virulent substances in particular. According to statistics for six months of the current year the number of crimes of this type amounted to 76.1% of the total number of all recorded crimes. Meanwhile, detection of such crimes committed by organized criminal groups decreased by 11.6%. This fact proves that participants of organized criminal activities are intensively resisting detection of crimes committed by them and related to trafficking narcotic, psychotropic, virulent substances. For successful detection and investigation of crimes at issue it is necessary to define the concept of resisting detection of a crime that remains ambiguous in criminalistical literature. In this regard, the problems discussed in this article are urgent. The author analyzes the views of eminent forensic scientists, such as V. P. Lavrov, A.F. Volynskiy, I.V. Tishutina, 5.V Dubrovin, and comes to the conclusion that until criminal proceedings are initiated, resistance to detection does not take place because a criminal case has not yet been instituted. The conduct of persons interested in preventing their criminal activities from being detected, resist to crime detection carried out by law enforcement authorities. Also, the author considers that counteraction to investigation of crimes does not end with the end of the preliminary investigation. On the contrary, such counteraction strengthens and continues until sentencing. Nevertheless, participants of organized criminal groups start to counteract to investigation from the very beginning of their criminal activities exercising it discreetly: disguise their illegal activities as legal; observe secrecy, etc. But in this case they oppose the activities of law enforcement agencies to detect offenses. When criminal proceedings are initiated against participants of organized criminal groups, counteraction takes a different form in order to prevent prosecution of a perpetrator. It may involve perjury, blackmailing and intimidating of both witnesses and investigators, threats against them till physical elimination, using corrupt ties to put pressure on an investigator, etc. Thus, counteracting crime detection amounts to an integral part of counteracting carried out by participants of organized criminal groups against law enforcement agencies dealing with crime investigation, because their leaders eventually try to prevent identification of the extent of their criminal activities and their revelations. That is the essence of counteracting investigation. To conclude, the author gives definitions of the crimes in question.

LEGISLATIVE COMMENTARY

71-76 2118
Abstract
This article discusses the types of perpetrators listed in the existing Russian penal legislation including a perpetrator, a co-perpetrator, a non-apparent wrongdoer. An actual perpetrator is a person who directly commits an offense, i.e. a person who independently commits a certain crime under one of the articles of the Special Part of the Criminal Code of the Russian Federation, particularly an act covering the actus reus of the corpus delicti. A co-perpetrator is a person who along with other perpetrators has fully or partially carried out the actus reus of a certain corpus delicti provided for by the Special Part of the Criminal Code of the Russian Federation. A non-apparent wrongdoer is characterized by the fact that he performs the actus reus of a certain corpus delicti by means of using other persons who are not subjected to criminal liability because they are not subjects of a crime (e.g. have not reached the age of criminal responsibility, insanity) or because of other circumstances (for example, circumstances excluding the criminality of an act). The article critically interprets the practice of qualifying the actions of accomplices in a crime as the actions of a perpetrator.

COMPARATIVE LEGAL STUDIES

77-90 532
Abstract
This article deals with the concept of a representative system in the legal sense (that is enshrined in the law) and in the true sense (public relations existing in fact), as well as a theoretical concept. It is proved that only Parliament can be a body of representation of the people because this body is called upon to play a key role in the exercise of power by the people, in the expression of popular will and interests. The author highlights the two main theoretical concepts that reveal the legal nature of the bodies of the people's representation and their role in the mechanism of Russian government and a number of foreign countries: the so-called liberal and socialist concept of popular representation. In this context, the paper provides a comparative analysis of different representative systems with regard to the possibility for the people to implement the constitutional principle of democracy. It is shown that one of the main tasks of representative systems in Western countries, in addition to the representation per se, is to implement a decentralized (network) government system of regulating the society, the so-called "divided government", in the conditions of a horizontal and vertical separation of powers (the first level is national and regional; the second level is local). While in socialist countries the main task of a representative system is to facilitate the implementation of a unified centralized (hierarchical) system of governance, because under the Constitution the plenitude of the power belongs to the people and is indivisible. Making the analysis of individual shortcomings of a representative system in Russia and their possible solutions, the author makes a general conclusion that constructing a governmental system should be carried out first and foremost in the light of its national interests, historical, ethnic and other peculiarities. In this regard, in the author's opinion, the modern network government is currently not able to contribute to the creation of opportunities for successfully addressing the range of challenges our country is facing and requires changes that take into account the factors outlined in the article.

PUBLIC INTERNATIONAL LAW

91-101 366
Abstract
At the present stage of the international community development, providing safe drinking water and sanitation for the population used to be and remains an important task for the states. The UN Water for Life covers a wide range of fields of concern recommended for being implemented by the states. The article thoroughly examines international standards enshrined in international agreements on the protection and sustainable use of water resources, the expansion of international cooperation of States on issues related to water resources management at all levels. In connection with the establishment of the UN Mechanism of UN-Water within the framework of the United Nations Organization, as well as two decades of the Water-for-Life (1981-1990, 2005-2015), the author analyses the implementation of the planned activities, adoption of the New UN 2030 Agenda for Sustainable Development including the issues with regard to water resources. The Article analyses international agreements on transboundary water resources, including the new development of the International Law Commission on the transboundary water horizons. In connection with the participation of the Russian Federation in many international agreements on water resources, the author considers the 2009 Water Strategy of Russia, the Water Code, its Clean Water purpose-oriented program designed for 2 phases: 2009-2012 and 2013-2017.

PRIVATE INTERNATIONAL LAW

102-116 525
Abstract
The concept of "a flag of convenience" is equated with the possibility of free registration of a vessel, which can hardly provide for any high safety criteria. Free flags imply the possibility to apply a governing law different from that stipulated in a Bill of Lading. As a result, extraordinary forms of implementing connecting factors are declared. The need to use a specific conflict-of-laws rule is also quite high. The parties are ready to administer the presumption of implied choice of applicable law, should only the continuity of a contract, agreement, commercial transport transaction be permitted. A free flag adjusts the scope of the definition of an applicable law, supplements the contract with corrective clauses if the principle of a genuine connection is not commensurate with the principle of proportionality of the transaction. The insurance value includes nonoperational expenses, and the decrease in insurance costs is incontestable. Also, a flag of convenience means concluding a new treaty where conditions are determined in accordance with the carrier will or by a dealer acting as a freight agent. Any cargo on board is regarded as an evidence of a proper performance of obligations, while the law of the country of the flag provides for real rather than actual insurance indemnity paid by an insurer. It is enough to obtain a privilege to dispose of the costs of operation of a ship, no matter whether they are entered in operating or balance sheet accounts. However, the law under which the country of the flag should also explain its position in accordance with the legislation of the country where the indemnity at the expense of an insurer takes place has been simplified. Then some preference is given to the indemnification liabilities recovered from creditor's foreclosures at the moment when a charter is confirmed. The law applied to construct cost proportions between the value of the ship and freight serves the function of classifying risk-producing factors, the priority being given to the law favorable to an underlying agreement. Justification of the cargo in question is involved in the procedure of clarifying the statute governing obligations and a relevant law.
117-125 1053
Abstract
The article explores the development of fundamental principles of Private International Law stipulated by the great Dutch specialists in conflict of law (i.e. respect for acquired rights abroad, provided they do not impair the power or rights of other sovereigns or his subjects) and their enshrinement in the United States and European legislation. The importance of the principles specified in the Dutch theory of "comitas gentium" lies in establishing a unified and common to all the countries principles of private international law based on universal sovereignty recognized by all States. It is noted that the selected by the Dutch doctrine criteria of limiting the scope of application of the foreign law, exactly comply with those values which in modern law are a part of the public (constitutionally significant) interests (public interest) that form the basis for public policy (ordre public) in private international law in the countries of the Roman-Germanic law and the foundation of public (Government) policy (Public Policy) in the law of the United States. Based on detailed analysis of the theory and legislation of the XIX-XX centuries the author sets the phases of enshrining the principles stipulated by the Dutch specialists in conflict of laws in the legislation of foreign countries. The article justifies the reasons why the specified in the Dutch theory limits of application of foreign law, became not only further dividing line between applying domestic or foreign laws, but also the main criterion determining the applicable law in private international law. The author concludes that the conflict of laws bases proposed by the Dutch became the grounds for the principle of a closer interrelation and formed the subject of the consequential method of resolving conflicts in the US legislation, while in the legislation of the European countries they became part of the safeguard clauses on public policy (ordre public) both within the meaning of private international law, and within the meaning of the civil law.

DISCUSSION PANEL / PRO ET CONTRA

126-134 401
Abstract
The article discusses the effectiveness of criminal legislation of the Russian Federation on liability for causing physical harm to the individual in the road offences and committed with hooligan motives. Attention is drawn to the unwarranted removal of criminal liability for the guilty infliction of physical harm of medium gravity, close to the infliction of serious harm to health when committing road offences. The author believes that it is necessary to review the question of the nature of the guilt of the driver having an accident with fatalities while heavily intoxicated. The article provides rationale for the recognition of the acts committed with indirect intent with the corresponding legal consequences. This is explained by the fact that driving in such a condition of a source of increased danger, the subject cannot but be conscious of the danger of their behaviour and, therefore, cannot fail to predict dangerous consequences. Being intoxicated when the perception of reality is delayed, s/he cannot count on their driving experience. The author also considers incorrect the legislative decision about removing the special components of the Art. 265 out of the Criminal Code of the Russian Federation and transferring the responsibility for abandoning a person in a life-threatening condition when you have a road traffic accident to the general components of the Art. 125 of the Criminal Code of the Russian Federation. This significantly reduces the impact of criminal law to defer road offenders from committing such deeds. Given that the battery and causing light damage to health, committed with hooligan motives, in practice, in fact is equated with domestic abuse, it is proposed to remove this motive out of the components of these crimes. However, the necessity of introduction into part 1 of Art. 213 of the Criminal Code of the Russian Federation of liability for gross violation of public order, associated with violence against the person, with the transfer of the existing features of this part (clauses "a" and "b") to the qualifying ones. These elements today, according to the author, citizen, protect not the citizen but the very power, given that hooliganism is recognized as a punishable offence if it is committed for motives of extremist nature, and armed hooliganism is essentially equated to banditry.

ОБСУЖДАЕМ ПРОЕКТ ЗАКОНА

135-142 570
Abstract
This article analyzes the most controversial provisions adopted on first reading June 7, 2016 by the State Duma of the Federal Assembly of the Russian Federation draft federal law on amendments to parts one, two and three of the Civil Code of the Russian Federation and certain legislative acts of the Russian Federation (concerning the improvement of the inheritance law), No. 801269-6 of May 26, 2015 (hereinafter Draft). On the one hand, the need for domestic civil law in making this Draft is undeniable and dictated by the rapid development of economic relations, strengthening the role of the business sector, complicating the whole assets of the estate, including the increase of cases of inheritance of shares in companies, and in general the interests of the subjects of Russian civil law to enhance their hereditary ability. Some provisions of the draft are far from being perfect, and are in need for a discussion and adjustment to the peculiarities of the Russian inheritance law and enforcement practice. The author identifies and analyzes the most controversial norms of the Project from the proposed rules changes: two institutions which are new and unknown to domestic law, that is joint wills of spouses and inheritance contracts; the provisions about wills, not taking into account such important issues as the responsibility of the executor in case of culpable violation of its mandated responsibilities, ability to specify in a will more than one executor, etc.; on the innovations in the line of succession to the escheat property in relation to the existing Art. 1152 of the Civil Code of RF, when it is not necessary to accept inheritance for purchasing the escheat property. The author formulates particular proposals to remove legal discrepancies and deficiencies of the Draft and improve inheritance legislation by adjusting and supplementing its provisions.

LAW ABROAD

143-154 452
Abstract
I discovered the marriage law petroglyph texts of Neolithic China a few years ago1, and now I will introduce my latest progress on this issue in this article. There are 9 sets of marriage law petroglyph texts of Neolithic China (10,000-4,500 B.P.) found so far. There are three models of two categories of the texts. Heaven and Earth Mapping Model was adopted in the texts of Early Neolithic China (10,000-7,000 B.P.), Only Earth Model and Cross Marriage Model based on the former were adopted in Middle Neolithic China (7,000-5,000 B.P.). Neolithic Chinese created Ziwei Lunisolar Calendar and established the laws to couple men with women imitating the rules of Ziwei Lunisolar Calendar to match Sun (seasons) with Moon (lunar months). The history of the marriage system of Neolithic China can be divided into three stages, the equivalent polygamy stage, the first phrase of the monogamy and the second phrase of the monogamy. Equivalent polygamy is a form of marriage unknown so far. It requires equal number of men vs. women from different groups to form a marriage unit. Only two combinations of this marriage form have been found so far. One is the form of ten husbands vs. ten wives, and the other is the form of three husbands vs. three wives. The monogamy is a logical result of the evolution of the equivalent polygamy, and consequently they share the common ideas of equality and parity. Freedom and equality are two cores of the thoughts of Neolithic Chinese. Based on distributive justice focusing on giving his due, equality between the sexes in quality and quantity was adopted by them to practice the idea of freedom of everyone; and based on cooperative justice focusing on doing their best, coupling equality between the sexes was adopted by them to practice the idea of common freedom.

SCIENTIFIC BRIEF

155-161 594
Abstract
The article is devoted to the realization of the principle of the language of criminal proceedings. The author talks about the importance and significance of the principle, particularly in the context of increasing number of crimes committed on the territory of the Russian Federation by foreign citizens and stateless persons. To support this conclusion the author provides the official statistics of the Ministry of the Interior of Russia. Based on the system analysis of the criminal procedure legislation and enforcement practice the author draws a conclusion about common errors and deficiencies in the work of the preliminary investigation in facilitating this principle. In addition, the article covers the problems of conceptual and uneven understanding of language skills or insufficient command of the language in which the proceedings are conducted by the organs of initial inquiry or pre-trial investigation and the trial itself. Therefore the author proposes his original wording of the concept of "command of the language of criminal proceedings...". This article provides references to research publications and scientific articles of expert processualists on the subject of research. Besides, it is argued that this principle of criminal procedure aims at guaranteeing the minimum procedural protection of the individual from unlawful, unjustified conviction charges, restriction of rights and freedoms. Separately the attention is drawn to the problem of provision of interpreters of particular languages requested by law enforcement agencies from forensic translation organizations in order to engage them in the investigative activities. The article provides an analysis of judicial practice on issues concerning the provision of participants who have no command on lacks command of the language being used in the proceedings of a criminal case. This study allowed the author to critically regard the changes and amendments to the criminal procedure legislation. In his view, the existing criminal procedural mechanisms are enough to ensure effective protection of the rights of persons with no command or insufficient command of the language of criminal proceedings. In this regard, the author reasons the need to strengthen the supervision over the activities of the bodies of inquiry and preliminary investigation, in the part relating to ensuring the rights of persons with no command or insufficient command of the language of criminal proceedings.

FROM THE HISTORY OF LEGAL THOUGHT

162-174 1107
Abstract
This article discusses the basic directions of development of the concept of "interest" in the philosophical and political and legal opinions of the thinkers of the Enlightenment in Western Europe, covering the 17th-18th centuries that have passed a long evolutionary path that originated various interpretations and concepts. Theoretical prerequisites of the doctrine of interest, having emerged in the ancient philosophy, got some development during the Renaissance, in particular in the works of N. Machiavelli, who proclaimed the primacy of the public interest over private interests. The Enlightenment formed a whole galaxy of major thinkers, philosophers, politicians, scientists, who have made an invaluable contribution to the development of general philosophical and political legal opinion on human nature and society. The life and work of educators passed in the historical period of exacerbation of contradictions of feudal monarchical absolutism, on the one hand, and, on the other hand, the formation and development of industrial production that caused the need for scientific and technical knowledge, as well as in social philosophy. The public and philosophical thought of the time was characterized by rationalism, free thought and the struggle against clericalism and adoption of materialistic ideas. In the political legal sphere the ideas of equality and freedom prevailed. The author emphasizes the views of T. Gobbs, F.-M. A. Voltaire, D. Diderot, J.-J. Roussaeu, C. A. Helvetius P.-H. d'Holbach and I. Kant about the nature of interests, their role in social development, the ratio of private and public interests in a fair state. The conducted analysis shows that the interest having a biological origin and social nature, is based on the needs of individuals and society, and from the content point of view is characterized by moral-psychological, aesthetic, spiritual, political, economic, legal and other aspects. Interest is not always a strong imperative, but evident in individual cases as a driving force for action in both the individual and the state and reflects the variety of forms and types of social interaction in the triad "individual-society-state".

BOOKSHELF

175-182 499
Abstract
The review describes a brand new monograph by a famous Russian lawyer Professor V.M. Syrykh and assesses his contribution to the development of Marxist theory of law at the present stage. The authors show that the modern global economic crisis demonstrated the exhaustion of resources for further improvement of the capitalist way of life. It has become "fashionable" to address to Marxism and Marxist theory of law. The authors understand that Professor V.M. Syrykh is not a supporter of bare negation of the dominant legal positivism. He belongs to a type of scientist aimed at overcoming those aspects of positivism in law, which he considers outdated, inconsistent with the spirit of the times. Not being experts in the materialistic philosophy of public law, the authors believe that it is important to introduce future readers to the main problems of volumetric monograph which V.M. Syrykh brings to the reader's assessment. These problems include public interest in law, impartial law, individual right. This monograph has completed the materialistic theory of law which Sysykh has been developing for many years. Its appearance was due to the inability of legal positivism to explain a number of legal phenomena and provide a solid theoretical basis for reforming and optimizing existing legislation. Therefore, one of the tasks performed by V.M. Syrykh is the struggle with undivided domination of legal positivism.
183-189 454
Abstract
The review examines the monograph by T.K. Aguzarov, Yu.V. Gracheva and A.I. Chuchaev "Criminal Legal Issues of Protection of the Authorities (Past and Present): Moscow: Prospect, 2016. 336 p." and notes its comprehensive nature and timeliness of the publications. The study on the one hand, was conducted in the academic way - it touches upon the historical aspects of the development of norms on crimes against State authorities, provides criminal characteristics of individual offences, etc. On the other hand, reviewed work possesses unquestionable originality, which manifests itself in a number of areas: firstly, the monograph discloses the nature of the gnoseological nature of the historical method, and it then applies to the perception of the crimes encroaching on power; the authors have paid serious attention to comparativistics setting out its methodological bases, and then using them in examining the legislation of foreign countries. They conducted a comprehensive assessment of the criminal legal mechanism of protection of the State power. A special attention is given to interpretation of the problems of social conditionality of the relevant criminal law; the work inherent in a harmonious blend of theory and practice, due to the uniqueness of the authors having had a solid theoretical and practical experience (e.g. copyright considerations for optimizing the criminal legal protection authorities denied any illusory). The review also specifies the separate polemic positions of the monograph. It is concluded that the authors prepared a useful fundamental work enriching the theory of criminal law.

SCIENTIFIC LIFE

190-258 570
Abstract
On the 22-23, 27 of April the Kutafin Moscow State Law University (MSAL) held the All-Russian Scientific and Practical Conference @Morality and Law: Ethical and Philosophical Understanding and the Practice of Convergence". It was initiated, organized and conducted by Doctor of Philosophical Sciences, Professor at the Department of Philosophy and Socio-Economic Disciplines V.M. Artemov, the head of the legal-philosophical Club "The Moral Dimension of Law". Many participants were actively engaged in its work, for example, Moscow-Petersburg Philosophical Club led by the Scientific Director of the Institute of Philosophy of Sciences of RAS, Academician of RAS, Doctor of Philosophical Sciences, Professor A.A. Guseinov, the Depart ment of Ethics at the Faculty of Filosophy, MSU headed by Doctor of Philosophical Sciences, Professor A. V. Razin, and many representatives of scientific and educational centres of Russia (Higher School of Economics, the RAS Institute of Scientific Information for Social Sciences, GUU, RUDN University, Saint-Petersburg Agrarian University, Moscow Polytech - Podolsk Branch and so on). The Vice-Rector for Scientific Work, Doctor of Law, Professor Vladimir N. Sinyukov welcomed the participant of the Conference. The problem of strengthening morality in law was actively discussed by the representatives of leading university Chairs of Constitutional and Municipal Law, History of State and Law, Theory of State and Law, Advocacy and Notaries, Business law, Criminal Law, Criminology, etc.
259-263 722
Abstract
The idea of creating the Association of Lawyers of the countries of the Black Sea-Caspian region emerged in January this year in Serbia. October 4, 2016 in Baku, we held a working meeting at which Charter and a long-term programme of activities of the Association of lawyers of the countries of the Black Sea-Caspian region were discussed and adopted. It was attended by representatives of the Republic of Azerbaijan (Professor I. Ragimov and Professor Ch. Abdullaev, Deputy Minister of Justice A. Jafarov, Director of the Institute for Human Rights at the National Academy, Deputy Milli Mejlis); the Republic of Bulgaria (Chairman of the Union of Jurists V. Slavov, Chairman of the "Slavs" Fund Professor Z. Zahariev, Deputy Chairman of the Association of Lawyers J. Geron, Ambassador Extraordinary and Plenipotentiary to the Republic of Azerbaijan M. Hristova); the Republic of Belarus (Professor V.S. Kamenkov, President of the National Bar Association V.I. Chaichits); the Republic of Greece (Chairman of the Union of Progressive Lawyers J. Rahiotis, Member of this Union N. Kapsi); the Islamic Republic of Iran (Professor A. Maleki), Russia (Professor S. Baburin, Yu. Golik, A. Chuchaev, Associate Professor Yu. Duk, Deputy Director of NTV T. Gavrilova); the Republic of Serbia (Professor A. Chirchich); the Republic of Turkey (the Chief Legal Adviser of the President's Administration O. Zengin, a member of the Board of Directors of Union Lawyers K. Karakabej, Chief Legal Officer-Inspector of the Ministry of Internal Affairs, head of the Legal Department of the Centre for strategic studies S.Ogut). In addition, the meeting was attended by the Law Schools and Law Faculties of Baku.


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ISSN 1729-5920 (Print)
ISSN 2686-7869 (Online)