The article deal with an important and, as it still appears to be, an actual problem of the Imperial State Form of Government. In historical retrospect the author considers the main aspects and tendencies inherent in both the very idea of the imperial form of government and the methods of its implementation. He makes detailed analyses of such a historical and legal phenomenon as "Nomos of the Empire", its legal and institutional substance and process. The Roman Empire, Holy Roman Empire of the German Nation and other imperial formations amounted to a uniform phenomenon in the political and legal history of Europe. Unlike an ancient Polis or City-State, which existed in a confined space, an Empire is aimed at infinity and is unwilling to accept solid borders. Given that, its origins were found in the localized units such as "family", "home", "yard," etc., "a state" being the largest of them. A territorial and national character of the State stood in the way of unlimited ambitions of the Empire. Here two principles collided - locality and expansion. At the legal level this collision resulted in the struggle of sovereignties, the Empire rejected sovereignties as well as territorial boundaries. An imperial idea prevailed over real relationships in politics demonstrating a powerful volitional impulse and spatial passionarity. The Imperial Nomos was not only a form of law-making, it combined in itself the normative features and elements of decisionism and imperativeness, and this inevitably led to a revival of authoritarian and dictatorial forms of government: "the Empire cannot be weak." The complexity of the Imperial form of government prevents attributing the Empire to forms of Government, forms of a state structure or political regimes. However, this form retains its relevance and effectiveness s far.

The article deals with the question of legislative regulation of the practice of embedding the mechanism of the control power in the competence of the legislature. The author reveals the content of the term "Parliament", determines the balance between the concepts of "parliamentary power," "control power," and "representative power." When analyzing the Law "On parliamentary control," the author reveals an imbalance in jurisdictions of the chambers of the Federal Parliament. Federal law sets a non-exhaustive list of control functions of the legislative (representative) bodies in the constituent entities of the Russian Federation. Therefore, regional parliaments extend control powers by means of their own legislation. The practice of legislative regulation of the control activities of the legislative (representative) bodies of constituent entities of the Russian Federation poses problems of control function conformity. The problems of understanding the essence of parliamentary control require the constituent entities of the Russian Federation to adopt legislation determining the forms of control that in fact are not forms of control. Legislative regulation of the parliamentary control and the activity of parliaments in the constituent entities of the Russian Federation that corresponds to the control function do not meet the requirements of the control function of the Parliament as a part of the system of government. The author concludes that it is necessary to establish a uniform procedure for defining the limits of control activity of Parliament in practice.

This article deals with the legal nature of commissions charged under credit agreements with regard to the approaches of judicial organs. The author reviews the jurisprudence and concludes that commission means different by nature payments made by the borrower under the loan agreement. Controversial approaches of courts are caused by the fact that Russian legislation does not provide for any legal concept of "Commission under loan agreements." The lender and the borrower may agree on any condition regarding commission in the loan agreement under Art. 421 of the RF Civil Code and Art. 29 of the Federal Law "On banks and banking activities, "in connection with which banks charge commissions for providing a separate service, for example, the commission for opening a loan account or granting a loan. Based on the relevant jurisprudence, commission charged by banks from borrowers under loan agreements can be divided into the commissions covering loan interests and commissions charged as payment for additional services (property benefit, useful effect); Individual commissions, such as the commission for reserving and booking funds, for changing loan terms, for early repayment of the loan are treated by some courts as payments for providing the borrower with useful effect or property benefit, and by other courts as expenses. Commissions that are paid periodically and accrued to the balance of indebtedness according to their legal nature amount to the payments covering interests charged for using a loan. In such a situation borrowers have the illusion that credit is provided under a lower interest rate, though a part of the interest payment is hidden in the commission. It is difficult to get the commissions back from the Bank. The paper concludes that the parties to the loan agreement must negotiate the commissions or the procedure of their estimation; otherwise, the recovery of such a commission may become impossible for the Bank, which is confirmed by the jurisprudence.

One of the foundations of the Court activity in the Russian Federation is its independence. Only a court that is independent from any impacts and influences can make a legitimate, reasonable and fair decision. But in the modern society the guarantees of the independence of the Court require constant improvement. This, in turn, obliges researchers to pay attention to a series of problems identified in the article, in particular, the independence of the Court and procedural guarantees of its independence in accordance with international legal standards for the administration of justice, protection of judges by the state in criminal cases, legal means of impeding the exercise of the institution in question. The latter is caused by the fact that the legislation does not provide for the systematic regulation of the institution of the court independence, and contains a large number of separate uncoordinated rules concerning the powers of the courts, which causes difficulties and obstacles for law enforcement. Information with regard to out-of-process petitions to judges constitutes an independent procedural mechanism that is new for the national legal system and an additional objective procedural guarantee applied by an independent court for resisting. However, a theoretical and practical interest to the issues arises not only from deficiencies of legal regulation, but also from the low level of knowledge of the scientific community, the lack of real legal mechanism of ensuring the independence of the judges and their protection. Therefore, for the effective implementation of the measures in question it is necessary to provide a comprehensive predictive study, theoretical and legal reasoning and advancement of appropriate proposals for improving the existing legislation and the organization of its practical application.

The article covers a brief history of national legislation of Russia beginning with the Code of Laws of 1497 and to the present day, describes legislative experience of foreign countries, modern jurisprudence, the results of the sociological survey of practitioners, economic indicators of the value of individual criminal procedure institutions. The institution of procedural costs may serve as an economic incentive for the parties to exercise in good faith their procedural rights in both criminal proceedings and in legal relations regulated under the Federal Law "On operational search activities". In connection with the said above such legislative amendments are proposed: 1) Art.11 of the RF CPC "Protection of human and civil rights and freedoms in criminal proceedings should be supplemented with the following: "Participants in the criminal justice process should faithfully use all procedural rights they are entitled to and to prevent the abuse of their rights;" 2) Art.132 of the RF CPC "Recovering procedural costs" should be read as follows: "When a criminal case or criminal prosecution is terminated due to expiration of statutes of limitations in criminal cases, the court, investigator or inquirer are entitled to free a person partially or completely from the payment of procedural costs if the person exercised his or her procedural rights in good faith and did not impede proceedings in any form;" 3) Part 2 Art. 131 of the RF should widen the notion of procedural costs expanding it with a new paragraph 9 to read: "the amounts expended in connection with the search for the suspect and (or) the accused hiding from prosecution authority and (or) the court, as well as incurred to arrest individuals referred to in Part 1 Art. 113 of the Code; 4) Paragraph 2 of the same Art. 131 of the Code to supplement with a new Paragraph 10 to read as follows: "the amounts payable to citizens, experts and advocates involved in the operatively-search actions that according to their legal nature are equal to procedural costs stipulated in Paragraphs 1-4 of Part 2 Art. 131 of this Code."

The material is divided into two parts. In the first part of the article the author analyses the subject-territorial structure of the federal states on the basis of Russian and foreign, primarily German, materials concerning the territorial formation of federations existing in the modern world (India, Japan, Nigeria, Russia, United States, Germany, Switzerland, etc.), as well as some federations that ceased to exist in the 20th and 21st centuries. (The German Reich, the USSR, Sudan, Yugoslavia, Czechoslovakia, etc.). The second part of the study examines the dependence of sustainability of the subject-territorial structure and federalism in general due to peculiarities of an internal territorial division of federations, as well as evaluates the possibilities of using the territorial reorganization as an instrument of federal relations harmonization. Risk factors for federations amount to territorial-structural models providing for the existence of a "strongly dominant" constituent entity of the Federation; model, allowing the existence of constituent entities with significantly different levels of socio-economic development; models suggesting the retreat of the borders of constituent entities of the federation from the borders of the "natural" historical settlement of ethnoconfessional communities.

With the development of public relations in domestic jurisprudence views concerning the role and place of individual forms of law in the system of sources of law also change. The evolution of the forms of law shows replacement of some forms of law by different forms. In particular, legal customs became supplanted by laws and other normative legal acts. As a result the sources of law in question have acquired a subsidiary character. These tendencies many academic lawyers minimize to a natural process, seeing the elements of progress in this. Along with this, the author tries to draw attention to the fact that such fundamental sources of law as customs do not lose their value to this day. The article deals with legal customs of the local level. The author proposes their classification in accordance with their territory and the sphere of economic activity of a business entity. The author differentiates production and corporate customs of an organization. Production customs govern relations related to industrial and economic activities, including direct production and sale of products (goods, works and services). Corporate customs determine the issues of participation in corporate organizations or their management. It is proposed to determine the following signs of local customs: designed for repeated use; their scope is limited to the activities of a particular business entity; addressed to an unlimited range of entities associated with industrial and economic activities of an organization and corporate relations; are universal and formed by means of the behavior of the participants of relations, as well as adapted to a specific business entity; authorized and enforced by the State; shall comply with the provisions of the legislation. The article provides an overview of the opinions on this subject in pre-revolutionary Russia, Soviet jurisprudence, as well as opinions of modern scholars. When researching this specific form of law the author explains the balance between legal customs and business usage and course of performance. To conclude, the author differentiates the concepts in question. Thus, customs mean a form of law, and business usage and course of performance involve established rules of performing obligations (contractual or corporate) by parties to legal relationships. The analysis helps us build a complete picture of the sources of law governing business relations in Russia.

This paper provides analysis of a institutional structure of the national economy model of Hitler's Germany. Once in power, Hitler did not cancel the Weimar Constitution. By means of a number of regulatory legal acts, he "hooked it up" with the Nazi Constitution: political and economic. The former is based on the Law on emergency powers; the legal basis of the Economic Constitution is represented by the Law on the preparation of building national economy. It included some relatively homogeneous set of institutions, instruments and their interpretations that is applied within the framework of the market, Socialist transitional and economic models for their constitutional implementation. The constitutional model of the economy of Nazi Germany consists of the aggregation of major features, principles and indicators of the economic order of the Third Reich. The author proves that the Nazi State was not turned into a "notary" that stipulated the decisions of the large monopolistic capital of Germany. It made itself the owner of the means of production, solely determined an industrial policy the aim of which was to prepare for World War II.

The article is devoted to consideration of the provision of social security service as a key and the least researched categories in social security law. The relevance of the topic is due to its close relationship with the qualitative and quantitative aspects of the rights of citizens to social security alongside the apparent shortcomings of the respective sectoral legal tools in both theoretical and applied sense. The work highlights the value and integrative properties of the provision of social security service for the social security system of law and its conceptual apparatus. Based on the analysis of contemporary legislation and normative legal acts of the past years, the author concludes that the overall characteristics of the provision of social security service are very similar and have common properties, including those in different historical periods and in different countries, In the work through modeling, logical, systematic and structural methods the author justifies that these factors, including the principles of operation and development of this phenomenon in social security law, arise from certain regularities. Qualitative properties of the provision of social security service are stable and in dependence on its internal structure. Thus, the objective of the limited measures of public influence on the state of need can be explained. Besides, the provision of social security service enclose properties of the very social security as a system of higher order. The author proposes a definition of the notion of the provision of social security service, examines the elements of the structure of the phenomenon, as well as draws attention to the need to enshrine the appropriate legal structure at the federal level. The work provides a model of the modern regulatory framework of the provision of social security service. The author suggests that the provision of social security service is included in the structure of the subjective right of the needy person, which, therefore, requires improvement of the existing system of its protection. In particular, it is noted that the specificity of the mechanism of legal regulation of industry, expressed in a combination of elementary procedural and substantive legal relations subjects requires regulatory fixation of the combined (complex) way to protect the rights of the needy person. This method is inherent in connection of the requirements for the recognition of the right alongside simultaneous obligation for social security authority to commit a specific actual action when contacting individuals in the jurisdictional authority.

This article analyzes the individual provisions of the draft federal law on amendments to the Federal law "On the Fundamentals of Social Control in the Russian Federation". This bill seeks to improve the legal foundations of organization and implementation of social control over the activities of the organs of state power, bodies of local self-government, state and municipal organizations, other agencies and organizations with separate governmental or other public authority. The adoption in 2014 of the Federal Law "On the Bases of Public Control in the Russian Federation" was an important step, not only in the development of public control, but also for the emergence of civil society in the Russian Federation. However, the practice has shown the presence of numerous gaps and conflicts with other federal laws. As legislative innovations should be recognize the following proposals of the drafts persons: the expansion of the actors of social control through inclusion in the list of individuals and their groupings; the introduction of legislative turnover of such category as "public interests as a goal of social control"; establishing the responsibilities of the bodies and organizations, whose activities on the implementation of the tasks entrusted to them by the state or other public authority is subject to public control, take into account the results of social control; the establishment of a federal state information system (electronic democracy) that provides collection, processing, accumulation, storage, retrieval and transmission of information on the activities of the entities of social control and individuals whose activities on the implementation of the tasks entrusted to them by the state or other public authority is subject to public control; the introduction of open licenses under which it is proposed to disseminate information on public control. In the article these proposals are subjected to critical analysis, the author highlights positive and negative aspects of the Bill, and suggests ways of harmonizing legal regulation of relations in the sphere of public control.

The article raises a problem of quality of criminal legal norms intended to counter the terrorist threat. The basis for the formation of the criminal legal framework for countering terrorist activities must be based on scientifically verified definition of terrorism and terrorist activities. The article provides a tentative (as a material for further grinding) definition of terrorism as a social phenomenon. Stressing the genetic relationship of extremism and terrorism, the author suggests the advisability of establishing independent chapters in the Criminal Code of the Russian Federation, unifying rules on extremist and terrorist activities. Repeated attempts to improve the quality of the penal provisions on terrorist act, unfortunately, have not been a complete success. Noting the shortcomings of the rule, the author makes suggestions to further improvement of its quality, namely: to include committing a terrorist act out of the political, ideological, racial, national or religious hatred or enmity or on the grounds of hatred or hostility toward a social group as its subjective characteristics; to exclude from qualifying characteristics careless, and from special characteristics - deliberate infliction of death. Given the lack of scientific substantiation of conflicting later "anti-terrorist" norms and inconsistency of the made changes, the article justifies the proposals to change their editorial, as well as to delete Article 2055 of the Criminal Code of the Russian Federation and to transfer the rule contained in Art. 2056 of the Criminal Code to the chapter on offences against the administration of justice.

The revival of the lay justice in new constituent entities of the Russian Federation in the Republic of Crimea and the federal city of Sevastopol necessitated the recourse to historical and legal experience of formation and development of the institution of lay judges under the 864 judicial reform, as well as institutional support for their activities. The article discusses the financial and logistics support of the activities of Magistrate's and Assemblies of lay judges in the Tauride Province as a result of the implementation of the provisions of the Judicial Statutes in 60-80-ies of the XIX century. It is found that the lay justice of the province was entirely financially supported by the district municipalities (zemstva) and the expenses for Magistrate's were among the obligatory municipal duties. Based on the analysis of the budget documentation of the expenses and revenues of the district municipalities the author studied the items of financing the activities of the Magistrate's of the Tauride Province, and identifies the role and resources of district municipalities of the Province concerning their salaries. Local institutions were committed to annually provide allocations for salaries of district magistrates, Assemblies of Lay Judges, construction and maintenance costs for the premises where the arrested were held, maintenance of the prisoners. It was revealed that for maintenance of the Magistrate's district municipalities spent on average from RUR 6,000 to 13,200 per year; Assemblies of Lay Judges - from RUR 1,190 up to 8,450 per year; maintenance of the lockup houses and the provision of food for prisoners - from RUR 600 to 3,788 per year. The largest amounts were spent on maintaining the Magistrate's by the District Assembly of Feodosia Municipality (on average RUR 24,300 per year), and the least maintenance obtained the Magistrate's backed by the Evpatorian District Municipality (RUR 7,600 per year). The Crimean District Municipalities spent on average 15, 3% of funds from the expenditure side of the District budget. Among the factors that affected the expenses for the Magistrates' are the following: the number of Magistrate Courts in the District, the number of resident population as payers of District Municipality taxes, agriculture, industry and trade, ensuring appropriate income of District Municipalities. Besides, the author identifies some of the problems of financial provision of lay justice, which had objective reasons. During the study, it was found that the expenses and logistical support for the activities of the Magistrates in the province were directly dependent on sources of income of district budgets, rational distribution of which affected their performance.

The article is devoted to the elements of the offence of evasion of disclosure or the provision of the information specified in the legislation of the Russian Federation on securities, which poses a direct threat to the social relationships based on transparency of corporate governance. In order to ensure the transparency of the activities of the Corporation it is essential that public corporate information and insider information be the subject to mandatory disclosure, and work-related information that is accessible only to a certain circle of persons be the subject for accordance. It is concluded that the subject of a crime under Art.¹ 185 of the Criminal Code is the corporate information of two kinds: 1) information defined in the legislation of the Russian Federation on securities subject to mandatory disclosure; 2) information defined in the legislation of the Russian Federation on securities to be provided. It is noted that, depending on the subject matter, the objective part of the case under consideration is characterized by two types of acts: with regard to the information of the first type, the legislator establishes liability for omissions in the form of malicious evasion of disclosure or provision of information and, in the case of the second type-in action in the form of deliberately incomplete or false information. The author analyzes the concept of avoidance as a special kind of failure to perform obligations imposed upon a person within certain legal relations. Correlation between such characteristics as "malice", "repetition" and "consistency" is provided. Upon this it is suggested that the indication of malice be abandoned in Article¹ 185 of the CC, replacing it with a repeated, i.e. the act is committed by a person under administrative punishment for the same act, at a time when it is subjected to an administrative sanction. In addition, the content is mapped to actions such as the provision, distribution and disclosure of the information specified in the legislation of the Russian Federation on securities. The author provides her opinion on changes in the construction of the whole gross evasion of disclosure or the provision of the information specified in the legislation of the Russian Federation on securities, by excluding from its mandatory signs a socially dangerous consequences in the form of large-scale damage. In conclusion, a new edition of Art.¹ 185 of the Criminal Code is formulated.

The article is devoted to the problematic issues of the criminal legal assessment of coercion to seize human organs for transplantation of tissues, as well as trafficking in human beings for removing organs from the victim. There are difficulties in applying Art. 120 of the Criminal Code, due to the incompleteness of the legislative construction. So, in science the question of the victim in compulsion to withdraw organs and (or) human tissues for transplantation is ambiguously solved. Based on a literal interpretation of the norm, it can be concluded that they will not be in the specified crime whoever the organ or tissue is going to withdraw, but the one who must perform such an operation, that is, usually the doctor performing the transplant. The legislator pursued a different goal: he tried to provide criminal protection primarily to those who are compelled to donate their organs or tissues for transfer to another person gratuitously or to conclude a commercial transaction contrary to the law related to their disposal. Considering the ways of compulsion to remove organs and tissues of a person, the question of the limits of mental coercion as one of the constructive signs of the offense specified in Art. 120 of the Criminal Code. The issue of the possibility of recognizing as a mental coercion the threat of violence against close relatives of the coerced is raised. In connection with the theoretical problems of interpretation of the elements of the crime, stated in Art. 120 of the Criminal Code of the Russian Federation, its insufficient "capacity for work" is noted. A new version of Art. 120 of the Criminal Code is proposed. The ratio of the goal of transplantation of human organs and tissues and the purpose of removal of human organs and tissues is determined. In the context of the analysis of the characteristics of the offense set forth in paragraph "f" of Part 2 of Art. 1271 of the Criminal Code of the Russian Federation, the question of the competition of goals: the exploitation of man and the seizure of human organs and tissues. Such competition can only be talked about actions involving recruitment, transportation, transfer, harboring and receipt. Rules for the qualification of human trafficking, combined with the subsequent removal of organs and (or) human tissues for further use, are analyzed. It is noted that the use of organs and (or) tissues is not covered by the composition of the crime enshrined in clause "ж" Part 2 Art. 1271 of the Criminal Code of the Russian Federation, which makes it necessary to establish criminal liability for trade and other deals with human organs and tissues, regardless of the purpose of such actions.

He article describes the formation and activities of the ad hoc judicial bodies - the special camp courts in the Soviet Union during the second half of the 1940s. The author comes to the following conclusions: special courts were set up in camps hastily; deliberately there was no clearly defined jurisdiction of the camp courts; in the judicial personnel there was staff turmoil and behind-the-scene struggle. In addition, the activities of the bodies were affected by the confusion and "liquidation" sentiment that existed in the management of the camp courts. The thing was that the People's Commissar of Justice N. Rychkov had a very negative attitude towards the camp courts and, whenever convenient, indicated that the Interior Ministry only needed them as their "pocket" courts, turning to the debate on the question of inexpediency of the existence of the camp that "disorganized their work." It should be noted that the steering control apparatus saw staff turmoil. The formation of special camp courts took a fairly long period of time and did not quite corresponded with the plans of the government. The maintenance of the activities of the camp courts and the life of the court staff depended entirely on the heads of the places of detention which violated the constitutional principle of the independence of the judiciary and did not contribute to the effective work of these special courts. In addition, the special camp courts were clearly adversely affected by the excessive disclosure of their activities. The ratio of appealed convictions and sentences of the camp courts was high enough which explicitly talks about low qualifications of judges of special courts in the camp. Thus, in1947 the judicial panel on camp courts' activities of the Supreme Court of the USSR abolished 18% of sentences in cases decided under the procedure of Cassation. According to the official data of the Supreme Court of the USSR among appealed and protested sentences rendered by the courts, it upheld 69,9% in 1948; in 1949 - 68.1%; in the first half of 1950 - 66.5%.