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No 6 (2017)

THEORY OF LAW: DISCUSSION CONTINUED

9-31 1262
Abstract
The title of the article and its theme is inspired by the work The Absent Structure written by an Italian historian, cultural studies scholar and semiotician Humberto Eco (M., 2004). It is difficult to identify the main sphere of interest of the author of many texts devoted to a variety of topics - from cooking to describing the daily life of individual communities of different historical epochs - in terms of his scientific specialization. At the same time, his texts are recognizable by some elusive features determined by the existence of some common, though invisible, structures of understanding and perception of reality - its internal concept or attitude. The logic and content of the objects under study are arranged with regard to this phenomenon. What relation does this have to the understanding of the logic of developing traditional and modern knowledge systems, including legal knowledge? In my opinion, the most direct one. Legal knowledge is an integral part of legal reality. Its movement is determined by its own processes of self-organization that are very far from divisions into the disciplines and professions, into which it was transferred by scientific and educational communities of specific epochs and cultures providing production and distribution of the knowledge based on the interests of its historical consumers Jurisprudence as a system of knowledge and a system of qualifications awarded in accordance with scientific degrees follows different principles Manifestations of this distinction reveal themselves through an internal capacity of the legal knowledge to develop a variety of combinations of concepts and definitions at the intersection or beyond formal disciplinary systems The development of interdisciplinary bodies of legal knowledge, such as sociology and anthropology of law, legal psychology, cultural and historical jurisprudence, etc., possible and conceivable combinations of objects, methods and languages of description and interpretation of phenomena of law and of the State, reflects and captures this process. It is interdisciplinary bodies of legal knowledge that, unlike authorized differentiation of systems of knowledge and professions, give a real picture of development, functioning and transition of social and legal institutions from one historical state to another responding to the cultural meanings and demands of a particular society and time The paper provided was an impudent attempt to respond to criticism against theoretical jurisprudence that had been expressed by Professor V. V. Lazarev in a number of articles during 2013-2015.44

THEORY OF THE STATE AND LAW

32-38 751
Abstract
The author justifies the need to broaden and supplement the classification of legal conflicts that is generally accepted in the theory of the state and law. This derives from the complexity of social relationships that form the subject of the legal regulation, as well as from the processes of differentiation and integration in law. The article favors considering collisions at two basic levels: 1) substantive, and (2) legal form (internal and external). The author provides arguments in favor of distributing conflicts in accordance with these criteria. The gradation in question is confirmed by examples from the existing legislation. However, certain types of legal conflicts arising in some branches are not covered by the existing classification. It is noted that domestic jurisprudence pays attention to the differences in the content of the legal regulation of objects, forms, etc. However, contradictions have been ignored for the purposes of legal regulation in values and principles, i. e. for the regulation of conflicts of legal ideology in some legal provisions. Special attention has been given to the resolution of conflicts in criminal law that is characterized as being highly specific. Resolving legal conflicts between national and international law remains one of the most complicated problems. Such conflicts are political in nature rather than legal. Thus, it is difficult to choose priorities in resolving these conflicts The revision of the typology of legal conflicts would result in changing the ways in which they are resolved, in particular, it will make it possible to distinguish between conflicts of law and their competition.
39-50 1195
Abstract
In the current context of the development of legal reality, international legal and national legal systems need adequate protection on behalf of the law enforcement system, the main instrument of which is legal responsibility Protection of the interests of the society and the state is ensured by a range of measures of legal responsibility joint together by public responsibility Ambiguity in understanding the category of "public responsibility" leads to uncertainty in understanding its legal nature and content both in theory and in practice. The article justifies the need to single out public responsibility on the basis of the necessity to improve awareness of public law, to ensure full protection of the interests of the State and society, to systematize and enhance the effectiveness of this legal category in all its manifestations, as well as to take into account the importance of improving the legal quality and practical orientation of the acts of official interpretations of relevant rules. On the basis of the study of a number of domestic doctrinal and law enforcement (judicial) approaches, the author defines basic features of public responsibility The purpose of establishing and applying public responsibility is to protect legitimate interests of the State and society by means of enforcing rules of public law The scope of application of public law responsibility is limited to social relations where public interest is affected and that may involve implementation of both public and private rights. The main forms of manifestation of public law responsibility include constitutional, criminal and administrative responsibility; other forms of responsibility cause a lot of debate. Public responsibility is formally entrenched in the rules of public law and depends on whether responsibility belongs to a certain branch of national law or is attributed to the realm of an international legal system Public responsibility arises because of a public offense that is to be based on fault of an offender and contain all elements. Collective and individual entities are the potential subjects of public and legal responsibility Implementation of public responsibility is possible in both coercive and voluntary manners, and particularities of the mechanism of imposing public responsibility depend on the type of responsibility and the authority that applies relevant sanctions The supreme tribunals in the Russian Federation by means of different (unrelated) acts set out general rules for imposing public responsibility The author draws conclusions based on the research findings

PHILOSOPHY OF LAW

51-59 442
Abstract
In the context of the process of approving legitimate Russian statehood in the face of modern global environmental challenges, the author highlights the problem of formation of a personality as the subject of harmonization of legal relations in the ecosphere. In addition to the developments made regarding this issue, it is proposed to consider it from an ecosophic perspective. In this connection, the author draws the following conclusions. The author substantiates the necessity of ecologization of legal awareness of citizens of the Russian Federation. This implies the establishment of a system of their eco-legal upbringing, which will make it possible to bring up a generation of creators of not only legal but also environmental statehood in our country. It will become the basis of domestic "social capital" as a resource for a new post-industrial quality of life of Russians In this regard, the following factors cannot be disregarded in the context of implementation of the strategy for socio-economic and environmental development of the Russian Federation in order to ensure its sustainable development: when forming plans for the socio-economic development of the country, it is necessary to consistently observe the principle of ecologization of activities of economic entities, which, in turn, involves introduction of innovative green technologies in the economy at the level of its management and practical implementation of energy-saving technologies and transmission to a priority use of renewable sources of natural resources alongside with decreasing the share of non-renewable natural resources; in the law-making and law enforcement activities, the principle of supremacy and priority of the norms of environmental legislation over the norms of natural resources legislation and the norms of other regulatory legal acts that regulate the subject-object legal relationships in the ecosphere should be followed; competent authorities coordinated by the RF Ministry of Justice in order to provide massive legal education should place the emphasis on motivating the law-enforcement personnel to provide an expert explanation of provisions of environmental law and natural resources law as a matter of priority; in order to provide a qualified implementation of such educational work the content of legal education curricula should be reviewed in accordance with these priorities, particularly at the level of senior classes of secondary schools and at the level of secondary vocational education by means of exerting comprehensive educational influence on the youth population and adjusting legal training of future and existing pedagogical staff that teach "Foundation of Legal Knowledge" courses and other training legalistic and environmental courses.

LEGISLATIVE COMMENTARY

60-67 998
Abstract
The paper examines legal acts governing the order of bringing persons with specific legal status to administrative responsibility. The author proposes a system of classifying persons performing certain public functions based on the procedure of bringing to administrative responsibility. The paper shows the shortcomings in the legal regulation of the institute of administrative responsibility of persons with specific legal status. Also, it describes the procedure for the imposition of administrative punishment on the Human Rights Commissioner for the RF, persons registered as candidates for the State Duma of the Russian Federation, legislative (representative) authorities of a territorial entity of the RF and local self-government; candidates for the presidential office of the RF President, a senior official of the RF territorial entity, an elective local government officer; members of the Central Electoral Commission, electoral commissions and referendum commissions with the right to a decisive vote, judges, prosecutors and other persons. It is recommended that relevant rules governing the institution of administrative responsibility of persons with special legal status be systematized in order to eliminate contradictions and fill in the existing gaps.

A STUDY OF RUSSIAN STATEHOOD

68-74 1270
Abstract
The dynamics and content of the processes related to the global issues of the world order have led us to reflecting on Russia's development strategy in the context of the emergence of a multipolar world and a policy of "deterrence" exerted by the United States and its allies. It is well known that the Constitution of the Russian Federation is a basic multifunctional strategic document, the political and other significance of which is hard to overestimate The definition of a Russian constitutional development vector involves discussing and assessing compatibility of the content of the Russian Constitution with contemporary challenges At the same time, in the context of the crisis of international law, the development of constitutional principles to be applied in a foreign policy has evolved to make it possible to specify the foundations of Russia's international activity for other States participating in the global processes, to play a unifying role based on common inter-state foreign values. The current situation is aggravated by the fact that, while drafting and adopting the Constitution, Russia acted as a recipient of Western values that the United States and its allies have repeatedly neglected in relation to other nations. However, the need and the possibility of reforming the Russian Constitution cannot be assessed in a simplistic way For this reason, the risks of destabilization that may arise when attempts are made to introduce major changes to the Basic Law, need to be analyzed; it is necessary to evaluate it as a document expressing strategic objectives and priorities, its interrelation with other documents establishing strategic planning approaches, the National Security Strategy applied in the Russian Federation. On the basis of this contemplation, the paper deals with the constitutional development of modern Russia from a strategic planning perspective, describes the problem of reforming the RF Constitution while international relations are subjected to reformatting; defines the constitutional value approach to the formation of a multipolar world, and the role of domestic constitutionalism in the development of a democratic multipolar system, explores the possibilities of strategic planning for constitutional development with specific attention being paid to the objectives closely connected with national interests; and analyzes the risks associated with the formulation and implementation of the constitutional development strategy

NOVUS LEX

75-84 495
Abstract
Particular attention is drawn to the public policy growing tendency aimed at promoting employment performed by means of providing conditions for the development of non-governmental organizations engaged in activities promoting employment of citizens and (or) selection of workers, including private employment agencies, and interaction and cooperation of such organizations with the employment service authorities New areas of legislative regulation include providing labor of employees (personnel) to third parties, labor relations in micro-enterprises, relations associated with implementation of professional standards and introduction of an independent qualification assessment The author indicates priorities of cooperation between the Russian Federation and the International Labor Organization to improve the legal regulation of socio-labour relations. The paper highlights the importance of a new General Terms Agreement between all-Russian associations of trade unions, all-Russian associations of employers and the Government of the RF in 2017-2019 envisaged for the elaboration and adoption for the further improvement of the labor legislation and the new Program of cooperation between Russia and the International Labor Organization for 2017-2020.
85-100 749
Abstract
The article discusses the main stages of changes in the RF Criminal Code in the area of liability for commercial bribery and subornation in 2011, 2014 and 2016. The paper analyzes these changes and amendments with references to the Court's data concerning their efficiency. It has been shown that amendments made in the Criminal Code were based on the results of examination of the practice associated with sociological data, "linked" with the provisions of other federal laws. Thus, the duty of public and municipal officials to inform about incidents of instigating them to commit corruption offenses enshrined in Article 9 of the Federal Law № 273-FZ "On Counteracting Corruption" dated December 25, 2008 and supplemented by notes to Articles 291 and 291.1 of the RF Criminal Code concerning exemption from criminal liability only if they actively cooperated with investigating authorities formed the basis for motivating cooperation of persons who had committed offenses with law enforcement agencies in conducting investigating activities and inquiries in order to identify the bribe-giver, the bribe-taker and other persons involved in the crime. In 2015, 7453 public officials notified of the proposal to pay bribes (an increase of 14%, compared with 2014). As the result of these notifications, 3660 cases were filed (an increase of 27 %, compared with 2014), 2489 persons were brought to criminal liability (an increase of 22%, compared with 2014). Under the Federal Law of July 3, 2016 № 324-FZ "On amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation" two new crimes providing liability for "minor commercial bribery" and "minor subornation" (Articles 204.2 and 291.2 of the Criminal Code) have been included into the RF Criminal Code. Investigation of the crimes in question has been attributed to the powers of investigators. Thus, task groups and investigative bodies should be oriented to deal with counteracting high-risk cases of bribes at major scales, especially major scales, and bribes given by organized groups It was suggested that, in view of the provisions of anti-corruption conventions of the UN, OECD and GRECO, the RF CC can be supplemented by the rules concerning criminal 'iability for the promise and offering of commercial bribery and subornation On the basis of an analysis of the provisions of international anti-corruption conventions and anti-corruption laws of some states, it is proposed, that the promise of commercial bribe or subornation means the agreement between a bribe-giver and a bribe-taker concerning the transfer of a commercial bribe or subornation, and the offer of commercial bribery or subornation means intentional acts (or omissions) of a person directly aimed at implementing his or her intent to transfer the object of a commercial bribe or subornation, if the transfer was not actually effected for reasons beyond the control of the person

DISTANCE ROUND TABLE "NEW RUSSIAN CRIMINAL CODE: CONCEPTUAL FRAMEWORK AND THEORETICAL MODEL»

101-115 953
Abstract
The decision to address the topic arose after author's having read an article by A.I. Sitnikova, devoted to the model of the chapter on such circumstances, since a number of provisions contained in it, is controversial. This article analyses the approaches to the concept of the model chapter of the Criminal Code of the Russian Federation on circumstances precluding the criminality of an act made in the literature by different authors, providing a wide range of views on several critical aspects, the following being among them: the title of the chapter, the need for new standards to be incorporated in it, improvement of the edition of the currently existing articles included in Chapter 8 of the Criminal Code of the Russian Federation. The author provides her own opinion about the considered standpoints. It is noted that the doctrine has rarely addressed the issue of the need for some regulations to be eliminated from the examined chapter of the Criminal Code The article presents the author's concept of the considered chapter touching upon the following range of issues: clarification of the title by moving the focus from circumstances on legally acceptable act and authorized infliction of harm; common features of acts causing harm authorized by criminal law; the lack of consistency in building up the institute of authorized infliction of harm; the need to exclude irresistible, physical duress and the execution of an order that does not match the common grounds of socially useful or socially acceptable behaviour from Chapter 8 the CC RF; the advisability of supplementing the chapter with new circumstances (law enforcement, the consent of the person compelled to the action, being among the accomplices due to a special assignment); characteristics of the proposed authorized infliction of harm; the shortcomings of the current edition of Art. 38, 39, 41 of the Criminal Code of the Russian Federation and ways to overcome them.

THEORETICAL PROBLEMS OF BRANCHES OF LAW

116-128 1102
Abstract
In the light of the reform of the civil law and legislation, the article provides a study of the structure of a framework contract (contract containing open terms and conditions) based on modern civil legislation, civil doctrine and enforcement practice. The legal nature of the framework contract (contract with open terms and conditions) is being analyzed in the article revealing its dual legal nature and suggesting amendments into the current legislation The author considers relevant enforcement practice regarding the issues of determining a contract as a framework (i. e. with yet to be established terms and conditions) and establishing its content The author concludes (with regard to several cases) that there has occurred some incorrect interpretation of the legal nature and definition of the content of such a contract. The conducted comparative analysis revealed constitutional features to the structure of the framework contract being in use in the Anglo-Saxon system of law. The article considers the application of the concept of consideration to the mentioned Russian and Anglo-Saxon structures. The consequences of defining such contracts as ones lacking consideration are set out. The author examines particular types of framework contracts in different spheres, in particular Carriage of Goods Framework Agreement, Special (General) Credit Line Framework Agreement, Irrevocable Credit Line Framework Agreement, and considers their legal nature and content. Different doctrinal approaches to this discussable points are being studied alongside with regulations and enforcement practice The author compares two structures: Special (General) Credit Line Framework Agreement and Irrevocable Credit Line Framework Agreement. As benchmarks, in particular, the author uses the criteria of subject matter, content, and the use of performance bonds The legal nature of Irrevocable Credit Line Framework Agreement is considered The author concludes that there is some mixed legal nature of Irrevocable Credit Line Framework Agreement Contract ratio of Irrevocable Credit Line Framework Agreement and Option Contract is investigated and constitutional features, similarities and differences are revealed
129-140 2061
Abstract
Legal representation is a traditional institute of the procedural law. The question of its legal nature belongs to the discussion. In science of civil procedural law and arbitration thereon, two main lines have stood out: the 'concept of legal relationship' and the 'concept of action'. In this analysis, the author prefers to consider legal representation, including administrative cases, as procedural activity As some positive novels to the RF Administrative Procedure Code (APC) compared to the previous one the author mentions the expanded range of cases where the Court's can recognize the compulsory participation of the representatives of a body, an organization, a person entrusted with part of the State or other public authority in the Court's proceedings, as well as the RF Administrative Procedure Code containing the rules according to which persons, facilitating the implementation of justice in administrative case may not be representatives of the persons involved in this case. However, rule of Art. 55 Part 1 of the APC RF casts serious doubts as it states that the only persons having higher legal education can act as representatives in administrative cases, which considerably limits the possibilities for the protection of the rights of citizens and organizations in this category of cases. At the same time, as Art. 55 Part 1 of the APC RF lacks any saving clause, the code contains a series of rules that make it possible for persons without legal education still conduct administrative cases, which results in numerous conflicts. Moreover, it is overlooked that, in accordance with applicable law on lawyer activity and legal profession, persons without higher legal education, but having a degree in law can works as advocates. The author also criticizes the wording contained in Art. 54 Part 1 of the APC RF stating that 'Personal participation of a citizen in an administrative case does not deprive him of the right to have a legal representative as well', as the citizen is a priori a participant of the proceedings. Such shortcomings in the new code chapter on the legal representation show to be frequent and require to be eliminated in the future.

INTERDISCIPLINARY STUDIES

141-155 1192
Abstract
This article takes a look at the difficulties encountered in the course of the inspection reports of criminal acts against the interests of minors, as well as their investigation. Such complexities are caused by features of the identity of the victims, especially the level of psycho-physiological and social development. Inextricably linked with them the specifics of conduct and living conditions of persons under 18 years of age predetermine the objective evidence of the crime committed, the way of its committing being included. These circumstances must be taken into account when formulating recommendations on the disclosure and investigation of this group acts. It should be brought to the attention of practitioners it is necessary to search, seize and research material traces, resulting not only in the act of committing an offence but before and after the subject executes an action directly aimed at causing harm to the victim In relation to the procedure in question, the special role is given to the receiving explanations from the minor victim and his interrogation, which are important means of gathering evidence. However, when preparing and conducting these proceedings it must be taken into account that this person is likely to be in the psychotraumatic situation. That is why the preliminary check of the minor is essential Within the pre-investigation checks for determining whether the victim is able to correctly perceive the circumstances of the incident, as well as to give testimony about them, it is advisable to engage an expert psychologist who will prepare the material needed for the appointment of judicial mental or psychological-psychiatric examination. Its production, depending on the situation, may be relevant as prior to the initiation of criminal proceedings and after a ruling on this The experts should answer the question about the possibility of the participation of victims of criminal acts in the conduct of the proceedings, including the admissibility of repeated questioning In case of a negative response, such questioning should be withdrawn, despite the 'conventional' right of a suspect (accused) to challenge the information against him. The priority should be given to the public interest of the minor's mental health. In turn, the alleged perpetrator's guilt should be justified in the body of evidence With regard to the implementation of the rights of the suspect (the accused) for protection, it is reasonable to envisage the introduction of a mandatory recording of interrogation of the minor victim and witness In general, it is necessary to include a separate chapter on criminal cases involving offences committed against minors

OPINION

156-165 2401
Abstract
Despite the importance of the components elements of a crime in criminal law, certain aspects of understanding remain embryonic. Today the elements of corpus delicti are traditionally those that were allocated since the dawn of formation of the components elements of a crime. However, in the special part of the penal law there reflected such features that do not fit into the traditional scheme. The article determines their nature. Some of them are not recognized as components elements of a crime. It is concluded that the Penal Code should exclude the indication of the possibility (the threat) of the injury (the onset of effects), as well as challenging the relevant action; interest and inducements must be replaced by the 'motive for the crime', and credible publicity by 'consciousness'. Other elements contained in the special part of the criminal law, are recognized as belonging to component elements of a crime. These include such elements as 'consciousness'', 'awareness' and 'premeditation'. The work reveals their contents. It is specified that the awareness is present in the special part of the criminal law due the lack of reflection of mental activity in relation to the relevant elements not related to the subjective side of the crime, in the general part

PUBLIC INTERNATIONAL LAW

166-178 958
Abstract
Recently the issues of prevention of human rights violations has been attracting the attention of the world community Comprehensive consideration of the basic parameters of the general international state obligations to prevent human rights violations by international human rights bodies, as well as inter-State discussions to develop the concept of the responsibility to prevent human rights violations indicate the formation of a new in contemporary international law principle: the principle of the responsibility to prevent human rights violations. The purpose of this article is to study the legal enshrining of the content and legal nature of the principle. In order to achieve the objective the article 1) identifies and analyses the main parameters of an international responsibility of a State to prevent violations of human rights and freedoms in the areas of international law such as international human rights law, international criminal law and international law of armed conflict; 2) through comparative-legal analysis of international treaties and the practice of international bodies justifies cross-sectoral nature of the emerging and universally recognized principle of international law; as well as 3) analyses the main controversial points held within international bodies discussions to develop the content of the concept of the responsibility to prevent violations of human rights and freedoms It is concluded that there is the need for codification of the rules on prevention of violations of human rights in contemporary international law, on the basis, inter alia, of generalization of the relevant international practice with sufficient uniformity for recognition of the emergence of a new intersectoral principle of contemporary international law: the principle of the responsibility to prevent human rights violations.

FOREIGN LAW

179-188 614
Abstract
The article deals with the general constitutional characteristics of the status of British overseas territories. It marks the directions of cooperation between Britain and its oversees territories. The author argues the position on the variability and the nominality of the partnership of Britain and the overseas territories stated in the White Paper. On the example of the British overseas territories the article shows that the partnership has a pronounced asymmetrical diversified character, reflecting fundamentally differing approaches and implementation of interaction between Great Britain and the overseas territories. In addition, within the framework of the partnership, the interaction (collaboration) based on the presumed independence status of participating parties to achieve mutually beneficial goals is not suggested In support of the idea of the development of the nominality of the partnership it is emphasized that the category of the sovereignty of the Kingdom, which the Overseas Territories White Paper qualifies as the basis for partnership, excludes the autonomy of the overseas territories since sovereignty absorbs partnerships, thus reducing its qualitative characteristics On the basis of the analysis of the 1960 Treaty of Establishment and the Cyprus Act 1960 the author considers the constitutional status of the sovereign zones of Akrotiri and Dhekelia as an overseas territory of the UK. It is noted that the Republic of Cyprus at the constitutional level reflects the existence and recognition of the British enclave. The author analyses the provisions of the 2012 Overseas Territories White Paper in the context of the regulatory undeniability of the sovereignty of the Kingdom and actual lack of prospects for addressing the issue of the territories release On the basis of a comparative law analysis of the constitutional status of other British military bases in parts of their administration by the British authorities it is stressed that a solution to the issue of the Bureau for Office (the Ministry of Defence or the Ministry of Foreign Affairs) depends on geopolitical interests, the organization of effective management of the territories and not only from their military orientation. The author indicates the conditionality of 'the Sovereign Base Areas of Akrotiri and Dhekelia Order in Council 1961' due to the specifics of the conditions and procedures for the target use of the territory. The characteristics of the constitutional status of the administrator of the overseas territory are considered The constitutional plot governing the 'benchmarks' for exercising legislative functions are analyzed To sum up, it is concluded that the areas of Akrotiri and Dhekelia are administrative-territorial units of the United Kingdom, subject to central management mode
189-198 885
Abstract
The author discusses the interpretation of jus standi requirement by the International Court of Justice in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. FR of Yugoslavia/Serbia). He finds out that the position of the Court in that regard taken in Case regarding Legality of Use of Force instituted by FR Yugoslavia against ten NATO members is in sharp contradiction to its position in Croatia/FRY/Serbia case. In the later judgment the Court, in fact, has formulated an exception to the jus standi requirement on the basis of combined effects of the few considerations: a) the so-called Mavrommatis rule; b) principle of sound administration of justice; c) principle competence de la competence; d) seisen of the Court. The author comes to the conclusion that none of the arguments forwarded is not capable to serve as the basis for the exception to the mandatory requirement of jus standi and that, accordingly, the position of the Court in Croatia/Serbia Case seems to be dictated by extra-legal considerations.

HISTORY OF STATE AND LAW

199-214 731
Abstract
The article considers the value of Homeric terms related to retaliation. To refer to the process of retaliation there are several verbs: τίνω/τίνομαι, άποτίνω/άποτίνομαι, τίνυμαι, έξαποτίνω, άποτίνυμαι and the noun τίσις. Unlike τίσις, ποινή in Homer's epic poem refers not to the process, but the result of retaliation. Ποινή may be a murder the offender or the payment of a ransom. It is the concept τιμή that refers to retaliation. It is taking care of τιμή that makes a hero retaliate. Αποινα, although formed from ποινή, is not associated with a vengeance in Homer's epic poem. As υβρις, meaning the crime against the gods, denotes reason of vengeance. The reason for revenge related to the honor of a hero is λώβη-offense. The aim of eunomia'-εύνομίη. Vengeance is not evaluated negatively in the epic poem. The work also presents the results of the research methods of retaliation in the world of the Homeric poems. Seven ways of retaliation the abuser are allocated: 1) compositions, 2) exile, 3) conclusion in shackles, 4) blood feud, 5) divine retribution, 6) vengeance on the battlefield for the slain in the battle of the friend or relative, 7) massacre of a person belonging to a lower social status. Composition, exile, confinement in shackles, as a form of 'non-blood' revenge, are opposed to the blood feud, which ends with the assassination of the abuser. The revenge of the gods in the Homeric poems is actually a projection of human practices into the world of the gods The revenge on the battlefield is different from blood feud both due to the actors status (the revenge can be taken for comrades who are not relatives), and to the circumstances it is carried out wherein. If the composition, exile, confinement in shackles, vendetta, divine retribution, revenge on the battlefield can be considered as forms of vengeance, i.e. retaliation in which actor and subject have roughly equal social status, massacre of a person belonging to a lower social status (often slave) cannot be treated as revenge. The author studies the relationship of courts and private retaliation in Homer society. Court procedure and private retaliation are described through different concepts In Homer society courts do not interfere with the realm of retaliation

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