The article advocates the idea of defining customary law in the context of differentiating the forms of law-making and its functions by means of distinguishing between public and private law. Functions of law as a regulator of public relations have the effect of creating two forms of law - customary law as an implementation of a static function of law and legislation as an implementation of a dynamic function of law. Historical and comparative legal methods of the law study show that, in the sphere of private law law-making powers of the State were limited and were motivated by the prohibition to go beyond the boundaries of social freedom determined by the society itself. Legislative functions in this sphere were limited to the State fixing only those norms that reflected the public relations developed in practice. When characteristics are compared, uncertainty of a rule of customary law concerning time is revealed. Such uncertainty is the result of a contradiction inherent to law in general that is resolved by means of the complex of special rules and techniques, i.e. legal methodology, that predetermines the legal systems diversity. Contradictions between the old and the new in Anglo-Saxon law are resolved by a judicial precedent, in Romano-German law they are resolved by codification, and in Islamic Law by kiyas (analogy-based rules). The fundamental difference between the rule of the law and the rule of common law amounts to differences in implementation of different rules in the legal conduct of an individual. The rule of law, being implemented in the conduct of a particular actor in public relations, acts as a visual illustration. In turn, for other actors of public relations, this act of implementation will be an example of an implemented legal norm, carries information of a dual nature: firstly, concerning the content of the law and, secondly, its evaluation, whether it is legitimate or illegitimate. In everyday life, people are most often guided by an example of lawful behavior, and they turn to a written instrument only if there is no any obvious example of the legal rule implementation, whereas a legislative norm is purely an abstract model.

Dissertation and monographic studies devoted to the study of the content of the idea of economy of repression, its causation and the place it takes in the system of criminal law principles have never been carried out. The modern legal doctrine uses different names for it. A traditional term "economy of repression" ("economy of criminal repression") is more accurate. There is often an unfounded identification of a) the scope of implementation of the principle in question, b) its content, and c) forms of implementation or even manifestation of the idea of economy of repression in separate normative regulations. An analysis of the content and scope of the principle of economy of repression is generally replaced by the study of the principles of humanity and differentiation of responsibility, as well as the principles of criminal policy. In the broad sense, the content of the criminal law principle of economy of repression covers holding a person criminally liable only if the objectives of correction and prevention are otherwise unattainable. In the narrow sense, economy of repression implies imposing a punishment as a last resort only when other criminal law punitive measures cannot be applied. At the same time, a punitive measure applied within the framework of criminal law effect, including punishment, should be minimally necessary and sufficient to achieve the objectives and purposes of criminal law impact In other words, the principle of economy of repression implies (1) refusal of repression when its application is possible, or (2) minimization of repression, provided a more intense punitive effect is possible. The author justifies the use of necessity and sufficiency criteria in determining the optimum of punitive effect of repression. Their subsequent specification is carried out during constructing the system of punishment, system of sanctions, general foundations and special rules for imposing punishments, and criminal law measures. The economy of repression possesses certain characteristics: 1. Economy of repression is based on the presumption of the validity of the criminal law prohibition and the presumption of the validity of criminal law punitive measures application; 2. Economy of repression provides for the opportunity to choose a law enforcement solution; 3. Economy of repression should be contingent; 4. Economy of repression includes minimization of the negative impact of the repression on the legal (and actual) status of other participants of emerging legal relations (the victim, members of the convict's family, etc.). The author highlights a phenomenon of "forced repression" and " imaginary economy of repression" ("pseudoeconomy").

The article deals with the problems of appellate proceedings, their place in the general system of stages of criminal procedure, characteristic features that identify the stage of review of judgments that have not entered into legal force. The paper analyzes the problems of practical implementation of Chapter 45.1 of the Code of Criminal Procedure relating to the possibility of submitting to the court of second instance new pieces of evidence, composition of an appellate court, review of decisions made by a panel of jurors. The author provides a definition for appellate proceedings that implies an independent stage of criminal proceedings during which a court of second instance in the review procedure for the complaint brought by the parties checks legality, reasonableness and fairness of the decision made by the court of first instance during court hearings in conformity with the principles and general conditions of the trial by means of examination of evidence both available in a criminal case and submitted by the parties and makes a decision in the criminal case within the scope of its jurisdiction.

The paper deals with the international legal personality of the Eurasian Union and the formation of EEU Law. The EEU has been established by an international treaty. The analysis of the provisions of that treaty makes it obvious that the EEU powers and the law and order that it creates differentiates the Union, despite the fact that it is a union of sovereign states, from many known international intergovernmental organizations. The views expressed in the article concerning the type of the EEU organization reflect a complex structure of contemporary international relations governed by international law, an attempt to explain not quite familiar phenomena on the basis of familiar legal constructions. The activities within the Union's jurisdiction are based on principles that, for the purpose of the discussion, can be divided into three groups, which explains the international legal nature of the EEU and promotes integration while protecting the sovereignty of States. The question of transferring powers from the State to such an association is a matter of principle when an integration association is being created. The paper provides an analysis of the powers transfer based on the constitutions of the Union Member States and acts of constitutional control. Regional economic integration has evolved through the implementation of a coordinated, coherent and unified policy in economic sectors defined by the EEU Treaty and international treaties concluded within the framework of the Union. EEU Law that is formed by the EEU Treaty, international treaties concluded within the Union, international agreements made between the Union and a third party, decisions and orders of the Supreme Eurasian Economic Council, the Eurasian Intergovernmental Council and the Eurasian Economic Commissions requires an analysis of several important aspects: its interrelation with international law, the hierarchy of sources and the resolution of conflicts, the role of the EEU Court acts, the place of 'soft law' in the system of EEU Law.

The paper analyzes the current state and the progress in the sphere of violations of budgetary law. The author analyzes monitoring data provided by the Territorial Department of the Federal Service for Fiscal and Budgetary Supervision for the Republic of Buryatia, the Department of the Federal Treasury for the Republic of Buryatia. The paper elicits a reduction in the offenses registered by the supervisory authorities. Attention is drawn to the contradictory interpretation of "budgetary responsibility." The place of budgetary responsibility in the system of types of legal responsibility has already been determined, and the nature of the budgetary violations and the budgetary measures of coercion are analyzed. Measures of state coercion can be preventive, suppressive, restorative and punitive. Punitive measures are recognized as legal responsibility. Legal responsibility comes as a result of commission of a wrong-doing by an individual. Other measures are applied irrespective of whether the crime has been committed. The measures of budgetary coercion represent enforcement activities of authorized bodies. The application of measures of budgetary coercion is carried out in a certain procedural form. The Budget Code of the RF contains the notion of "budget violation." The elements of the budget violation are different from what is generally accepted in the legal science. There are differences in the subject, subjective side of a crime and budget violation. When budgetary coercive measures are applied for a budget violation, the category of fault is irrelevant. Understanding budget funds as information concerning the powers of the budget process participants and containing the purpose and name of the person responsible removes, to some extent, the need for the proof of fault regarding many violations of budgetary law. The subjects of "budgetary responsibility" are the collective entities participating in the budget process and possessing the status of a financial authority, chief administrator of budgetary funds, administrator of budgetary funds, recipient of budgetary funds, chief budget revenue administrator, chief administrator of budget deficit funding sources. The participants in the budget process are the institutional units of state administration, parts of a single mechanism. It is senseless to use punitive measures against such entities. It also makes no sense to apply measures of a compensatory nature to such entities, as the parties to the budget process are public authorities, state owned institutions and government agencies operating at the expense of the budget and vested with public property. Any recovery from them means recovery from the budget to another budget or even to the same budget. Coercive budget measures can have the visibility of the compensatory nature only if the view is narrowed to the interest of a financial authority.

The role of local governments in the water resources management is not as significant as that of federal and regional authorities, which is explained by federal ownership of all waterbodies, with the exception to ponds and watered quarries. At the same time, it is at the municipal level that important issues of social importance are being addressed. Local governments participate in water relations through exercising the authority of the owner of municipal ponds and watered quarries, carry out normative rule-making activities in the sphere of management of the use and protection of waterbodies, address issues of local importance organizing the use and protection of water bodies, participate in public water resources management. The most important rule-making power of local governments in the municipal district and the city district is to make rules for the use of public waterbodies for personal and household needs. A number of municipal regulations have been analyzed from the point of view of whether it provides for the shared water use, permissions and bans. A proposal has been made to change revised Para 4 Art. 6 of the Water Code of the Russian Federation. Such an important power as to ensure the free access of citizens to public waterbodies and the coastline is exercised by local governments when plots of land within the coastline are offered for lease, municipal land control is being carried out, and public easements are established. The participation of local governments in public management of the use and protection of water facilities is affected through participation in the work of basin councils, implementation of schemes for the integrated management and protection of water facilities, defining the boundaries of flood zones and submergences. The article deals with the issues of local authorities' participation in implementation of international obligations arising from agreements and treaties concerning protection of transboundary water facilities, as well as the problem of violations of water laws committed by local governments. In order to overcome the existing exclusion of local governments from participation in the solution of major water problems, a proposal is made to define specific forms for their interaction with federal and regional authorities, the possibility of vesting them with separate state powers is being considered.

The purpose of the study is to analyze legislation concerning additional vocational training and employees' professional development. The author analyzes scientific views on the issue, relevant legislation and jurisprudence. As a result of the study, it has been revealed that the existing legal regulation of relationships in question does not fully meet the modern production needs and the interests of employees. Some proposals have been made to improve the law. The author considers that the right of an employee to additional vocational training is not sufficiently guaranteed, and proposes to establish an obligation of the employer to organize employees' professional development at intervals of three years. If the employer fails to perform the duty and an employee is subsequently dismissed, employers must be obliged to reimburse the costs incurred by the employment service in retraining citizens. It is advisable to define in the law the conditions under which an employee may initiate a referral for additional vocational training (long work experience for the employer, absence of violations of labour discipline, etc.), which would facilitate the exercise of the right to additional vocational training by the employee. It is concluded that an additional vocational training contract shall be made if the employer is not obliged to organize qualification development. If the employer has such an obligation by virtue of the law or other legal acts, the employee may not be required to serve for a certain period of time for the employer. That would be contrary to the law. Thus, the employee has no obligation to reimburse the vocational training costs. The need to clarify the concept of "competence" and to harmonize it with the term "qualifications" is highlighted by the author.

The article suggests some options to solving the environmental problem through the formation of ecological consciousness of contemporary framework, based on the changes, primarily value orientations, from the position of consumer relations to nature to partnership positions with it. A person, social group or society in general, through the realization of the importance of the objects of the surrounding world, find themselves, create their own moral values, principles, norms, ideals, goals, and, thus, their practical attitude towards the world. Only taking nature as inherent value people may form environmental awareness. It includes the perception of nature as equal with the man, awareness of limited resources, the value of life, the need for its preservation, awareness of environmental crisis, especially as public and global crisis, the need to develop nature protection, environmentally oriented development strategy as a prerequisite for the preservation of life on the Earth. The nature as an inherent value becomes noticeable in the era of postmodern and this perception with the values of self-fulfilment of the man, his creative development, freedom and, consequently, favourable environmental space, when the problem of physical survival, is no longer relevant. The formation of ecological consciousness is especially relevant for youth as the most dynamic part of the society. The article compares the polls of 2006 and 2016, which dealt with the value orientations of the Crimean youth. As a result, it was found that the Crimean youth is dominated by human environmental presentation, and opportunities to improve the environmental conditions associated more with the position of non-interference, rather than with any activity, based on skillful application of domestic environmental and natural resource law. This indicates that nowadays the most acute issue is raising contemporary ecological awareness, which can fully take into account the achievements of modern environmental and legal philosophy, environmental ethics, environmental psychology and pedagogy, science, environmental and natural resource law. This requires special training, involvement of young people into environmental stocks, special courses in universities and special subjects in schools. The whole system of education in general must be environmentally oriented, relying on a solid foundation of modernized environmental and natural resource law.

The article deals with the issue of current reflection of the specific concept of international humanitarian law, i.e. command responsibility, in THE Russian Criminal Law. The emergence of such a specific penal construction is necessitated by the need to bring to justice commanders (or superiors regardless of their civil or military status) for condoning the commission of a crime. The latter, by virtue of their superior position over their subordinates, obviously have the possibility of preventing them from committing crimes. Accordingly, the failure to take appropriate measures to prevent subordinates from committing war crimes, which, directly or indirectly, may even encourage subordinates to violate international humanitarian law rules, should be punishable. The author refers to the history of this construction in international humanitarian law and examines the permissibility of the direct operation of the rules of international humanitarian law in this part. It is concluded that the commanding officer can be held liable under the Russian Criminal Law is only possible after the rule in question is established (or identified) in the Russian Criminal Law, and this rule completely meets a relevant obligation assumed by the Russian Federation, i.e. criminalizing the failure of a commander on the scale envisaged by international humanitarian law. The author goes on to the implementation of the relevant provisions in Russian and Soviet legislations and then refers to the 1996 Russian Criminal Code. The author concludes that the full scheme of such responsibility does not exist under the existing Criminal Code, since neither the General Part with regard to complicity nor the Special Part with regard to certain crimes provide for criminal responsibility of commanders. It is impossible to justify the commander's responsibility through the institution of complicity. Article 42 of the Criminal Code of the Russian Federation concerning execution of an order as a defense to criminal responsibility is not applicable. Articles 286, 293, 316 and 356 of the Criminal Code also do not cover the whole range of situations involving responsibility of the commander. However, there are complex criminal cases in which criminal responsibility could be properly justified only if the doctrine of command responsibility is applied.

The combination of acts taken in appellate, cassation and supervisory authorities, constitutes: 1) court rulings, propelling the case (rulings of intermediate character; rulings of transition); 2) final judicial act of a higher court (based on the results of the examination of the case) and final ruling that complete the process without considering the merits of the case. The article notes the violation of rules of higher courts autonomy of judicial acts, which, inter alia, is reflected in the terminology used to refer to the acts of the court. The rulings of a transitional nature serve as a necessary precondition for a change (in the cases prescribed by law) in the nature of the activities of the court and make final rulings in the corresponding higher instance, i.e. court. The rulings of the Court of Appeal to consider cases according to the rules of the courts of first instance have not solved all the problems highlighted by the Constitutional Court of the Russian Federation some time ago: violation of the rules of jurisdiction, violation of the principles of equity and equality of the parties. The law was changed only in part relating to the question of jurisdiction, other problems remained unresolved, moreover, the Constitutional Court itself does not insist on the full implementation of its decisions handed down by the courts. The rulings on transferring the complaint for consideration in court hearings of the corresponding instance, rendered by cassation and supervisory authorities, do not have an exact guideline on the grounds of the imposition of such rulings. The judge filtering complaints operates at his discretion, the frames are not set by law, and judges, in this matter, can only rest on the grounds, resulting in cancellation of the decision. Final judicial acts of higher instances vessels must not only be rendered, but also announced; the persons participating in case must be informed through receiving copies of the rendered decisions and explained the possibility/impossibility of further appeal and the order of the appeal. In this part the legislation is not specific, which leads to violation of rights of participants on information about the case and information about their own rights for further action. The work is devoted to such issues as the controversy of the application of first instance court procedural rules when considering cases in the appellate courts; different legal regulation of the possibility to send the case to the court of first instance in the procedural codes; lack of criteria to the discretion of the judge (admissibility criteria) carrying out filtering of appeals and supervisory complaints; insufficient attention to the final procedures of familiarization with the judicial act and to clarification of the possibilities and order of the further appeal.

The current legislation of Russia responsibility for violations of the right to freedom of conscience and religion is provided for in Art. 148 of the Criminal Code of the Russian Federation. Federal Law of 29 June 2013 No.136-FZ presented this articke in a new edition. Part 1 Art. 148 of the Criminal Code of the Russian Federation undergone the most significant change and that was due, according to the experts, to the high-profile "Pussy Riot" case. The authors of the articles was asked to examine the current edition of Part 1 Art. 148 of the Criminal Code with the position of its legal characteristics and enforcement, as well as problems arising in judicial practice. In particular, a marked similarity between the individual elements of the crime with the offence stipulated by part 1 art. 213 of the Criminal Code providing for criminal responsibility for hooliganism. Further the authors note the ambiguous understanding of the victim, as well as the difficulty in interpreting the purpose, which is listed as "offense of religious feelings". Then a characteristic of criminal legal norms providing for criminal responsibility for crimes against the ideological, including religious, opinion is presented according to the criminal law of the Federal Republic of Germany: § 166 "Offense of Denominations, Religious Communities and Philosophical Associations" and §167 "Preventing Someone from Holding a Religious Ceremony". These provisions are in section XI of the Criminal Code "Crimes in the Sphere of Religion and Ideology", therefore, common object of a crime is a direct threat to the human right to freedom of conscience as one element of the constitutional rights and freedoms of man and of the citizen, which determines similarity with art. 148 of the Criminal Code of the Russian Federation. Special attention is given to the characteristics of an offensive action, which in Germany did not cover any disparaging review, but only one that is a rough form of disrespect. Such forms may be offensive in themselves either on the content when given a shameful characteristic behaviour or condition (e. g., allegation of shameful facts or extremely unfavorable ratings). When establishing the abusive acts, it is not the recipient's subjective perception of insults, but objective assessment of the act, which is carried out in each case by the enforcer.

The article characterizes modern trends of economic crimes involving organized criminal groups (hereinafter referred to as the OCG) in CIS countries, elements of which may influence the formation of methodology of crime investigation in this area. In this regard, the article reflects the main directions of the criminalization of economic sectors which are a topical problem for law enforcement. The main conditions that contribute to organized economic crime (hereinafter referred to as the OEC) in the CIS countries, showing the specific features of the integrated characteristics of economic crime committed OCG are outlined. The authors present a critical analysis of the main parameters of the integrated features of organized economic crimes in modern conditions. Moreover, it is tailored to the specifics of individual components make up the OCG. Based on the above approach, the authors show: the trend of organized crime development; gaps of a legislative nature affecting the resistance of the OEC, the influence of the corruption element in this area; the weakening of the role of the State in the legal regulation of economy; appearance and formation of OCG on new directions of criminal business; the specifics of forming and functioning of OEC in modern conditions. The authors justify specificity and degree of danger to the criminal activities of organized crime in the sphere of economy. Thus, the proposed integrated feature of criminal activity at the present stage of OCGin the CIS countries, as outlined in options, allows you to enable the criminal characterization of economic crime, which is part of the methods of investigation of this category of crimes, and also serves to supplement the existing theoretical positions.

The work mainstreams such a negative manifestation of love, as its ability to be a determiner of socially dangerous acts. It is justified that love can act as both an independent cause (motive) for the commitment of such acts, and determining this commitment through the induced emotions: jealousy, compassion, vengeance, autoagressive state. The article presents the results of the author's sociological research proving the criminal essence of love. Realizing a highly spiritual nature of the feeling in question, a legislator provides for easing of punishment for such crimes committed on grounds of compassion, as well as by virtue of the immoral behaviour of the victim. In this perspective the article raises an issue of euthanasia. The author of the paper adheres to the opinion on admissibility and reasonability of the permission of this procedure, citing the results of sociological research according to which society supports its implementation. In this regard, the author dwells upon the need for normative regulation of euthanasia in Russia. The study concludes that crimes, based on the motive of love, called by the author "love crimes", deserve recognition as the object of scientific research, having all the characteristics of independent directions in the development of contemporary criminological thought. Love, despite its perception as generally positive, life-affirming and socially approved feeling, ontologically has sufficiently high criminal capability, determining different kinds of crimes, due to irresistible desire to cause harm to the abuser of the object of the feeling, to protect a loved one (close) person from something, or a desire to improve his quality of life. Unfortunately, the work on the prevention of "love crimes" is very difficult due to the complexity of suppressing various feelings in a person (such as jealousy, revenge, etc.) aimed at protection and rescue of this love (the object of amorous feelings). Most people prefer not to let outsiders into their life, including the State, within the scope of the permission of their interpersonal intimate relationships.

This article analyzes the activities of the Government of the Russian Empire on the military formation of European and traditional governance systems on the territory of the Trans-Caspian area established on 6 (18) May, 1881. The system of governance of the Turkmen society, referred to as military public, consisted of two subsystems (European and traditional), which can be characterized as a political symbiosis. The Chief of Trans-Caspian region, appointed by the Tsar as advised by the Minister for War, was a commander in the area, and for the civilian population, had the rights of a Governor with nearly unlimited power. Subordinate to the Chef was the Civil Division of the headquarters, which was in fact in charge of the affairs of the region, and later the Office with the Head of the Office, the three chiefs and six clerks, an accountant, executor, archivist and two translators. The management of the districts (counties) and 'pristavstvos' with their member cities and settlements, was focused in the hands of the County supervisors and bailiffs appointed from military officers. In the immediate surroundings of the Russian administration were (traditional subsystem): the aul seniors (heads of the family), the bii and kazii (members of the people's court), jeminy (tax collectors), miraby (person in charge of irrigation system and procedures for water usage). The post of khans were approved by the Imperial administration and were for a long time preserved in Merv, lolotane, Pende, Sarakhs. Khans held the intermediate administrative position between the district chief and aul senior and were equal to a volost major (governor). In other words, along with aul communities there remained division of Turkmen society on tribal groups, the leaders of which were khans. The measures of the Imperial Government to establish a military-European and traditional management systems in TransCaspian area, despite the social, economic and natural-geographical and other difficulties, had great importance in establishing administrative order, specification of rights and duties of the local population, its faster adaptation to the challenges of nation-building. All this contributed to the elimination of old tribal, clan rivalries and partitions, considerably reduced power with impunity and arbitrariness of tribal khans and other representatives of the national elite, saving financial and personnel the resources of the Empire.

This article analyzes civil procedural rules and opinions of scientists on the period before the great October revolution of 1917 and in the first decade after it. It is noted that by the beginning of 20-th century the institution of legal responsibility in the litigation was a well-developed system of measures of material, disciplinary and criminal measures in respect of all actors of civil proceedings: starting from the parties and individuals, contributing to justice, ending with the judges. After the October revolution the old system of legal responsibility in civil proceedings was demolished and built again over the next decades. It was connected not only with the revolution, but with the advent of radically new ideology, which changed the Court's approach to the relationship itself and the people. As the most interesting novels the author notes the emergence of a category of "party responsibility" as a kind of alternative to the disciplinary liability of judges and public authorities for the first time, legislate compensation for actual loss of time. Responsibility for the abuse of procedural law in the first procedural laws of the Soviet authorities also had not yet been developed, although the requirement of good faith behaviour of parties to civil process had already appeared.

The article reveals the problem of uniformity of understanding basic concepts of forensic art examination. The concept of "creativity" in the context of the subject of forensic art examination is explored. Based on the study of the legal, philosophical, art, socio-psychological, socio-cultural aspects of creativity, the author identifies its basic features. The article determines that creativity is the highest stage of cognitive process that meets the need for a new intellectual product for solving complex theoretical and practical tasks; implemented in methods, approaches when creating a new intellectual product. Creativity is a process of overcoming the intellectual, mental and emotional barriers, as aesthetically due artistic activities. Creativity is characterized by a creative personality, with a pronounced psychological features: abilities, expertise for qualitative processing of specific information; reproduction of information skills necessary to create artistic image. The purpose of the process of creativity is (in the case of the use of special techniques and artistic means, according to the type, style, in fine art) creating artistic image, has an art form, and art contents. It is proved that the identified signs allow you to differentiate the actions of actors seeking to neutralize the boundaries of artistic expression and offence. Based on the study of the basic provisions of the concepts: Spenser's evolutionary theory, a psychologist-heuristics I.S. Ponomarev; personality psychology of I. Rubinstein; information theory of I. Vernadsky, neurodynamic theory of K.V. Anokhin, the author defines creativity. Through practice, it is proved that there is an objective understanding of creativity, which is enshrined in law and subjective level, which is revealed in the context of artistic creativity. It is established that the legal concept of "creativity" in aggregate reflect its basic aspects. It is alleged that the adequacy of the legal content of the notions of classical (basic) definition, in the context of forensic art expertise is relevant in establishing the fact in proof; choosing the kind of forensic art expert examination; the correct definition of the subject of forensic art expertise (forensic examination).