The paper attempts to determine and analyze the impact of a revolutionary idea taken at an extremely deep ontological level of its existence on the processes of state and law development. "The Revolutionary World" or the ideology of the revolution is implemented in the existing legal rules and legal policy. A preliminary analysis reveals an algorithm and regularities common to all historical revolutions. While clarifying legal differences in the assessments of such phenomena as "rebellion", "riot", "insurrection", etc. one can, to some extent, denigrate even a legitimate framework of the phenomenon of the revolution. An evaluation of revolutionary actions and transformations brought to prominence political aspects of this phenomenon; depending on the results of revolutionary struggle, its legitimacy was determined. As for the legal grounds of the revolution, their relative nature was evident. Changing legal terminology through which real revolutionary acts and events were described, to a decisive degree, depended on the actual balance of the forces and standing taken by the legislature. The struggle between powers indicated the beginning of a revolutionary phase of development, during which the principles of public administration, forms of government and the legal system of the state considerably changed. The desire for renewal was combined with the use of constituting and legitimizing violence. The struggle expectedly results in a civil war and onset of a dictatorship that can also, to some extent, be described in the language of law and jurisprudence. The Revolution, that claimed its global importance and permanence, turned into a powerful historical force influencing the development of all modern world state and legal systems.

In the legal sphere, the conflict often begins with a conflict of legal ideas and concepts that can be defined as a contradiction within the legal system reflected in the opposition of one legal ideas and concepts to others. The influence of conflicts of legal ideas and concepts is particularly strong in societies that can be attributed to "ideocratic." The paper highlights the main characteristics of conflicts of legal ideas and concepts, the levels of such conflicts, their possible causes, and their constructive and destructive aspects. It is noted that some of the ideas and concepts can more or less successfully coexist, while others by their nature have to compete for the right to become dominant. As a typical example, the article discusses the conflict of legal ideas concerning the issue of which legal system should the post-Soviet countries be allocated to. The paper focuses on the competition between the following legal families in the post-Soviet space: the Romano-Germanic legal family, the Anglo-Saxon legal family, the Slavic legal family, the post-Soviet legal family, the legal family of Muslim Law, the Byzantine Legal Family, the Eurasian legal family. The author considers the competition between the legal paradigms as an example of the conflict of legal ideas and concepts at a fundamental scientific level. The paper provides the author's classification of legal paradigms into normativism and metanormativism, justifies the existance of a paradigmatic question, the answer to which determines the allocation of a certain legal idea or concept to a certain legal paradigm. In the light of the author's concept of legal paradigms and their competition, the paper elucidates the integrative concept of law. The paper provides two main ways of resolving conflicts between legal ideas and concepts, namely: either a concept that possesses the highest constructive potential may be chosen out of competing concepts or a new concept that combines the most positive features of all competing concepts may be developed. It is justified, in particular, that the concept of «progressive conservatism" or "retrofuturism" in a new way may consolidate the Russian society, reconcile the liberal and conservative vectors of its development. This ideology implies a comprehensive innovative development of the economy and modern technologies (as a "form" of social life), while maintaining a traditional, conservative approach to social and spiritual values (as an "essence" of social life).

The paper is devoted to the issues of the legal regulation of the payment system of the Bank of Russia. The paper highlights that the payment system of the Bank of Russia is the central element of the national payment system, which is predetermined by the total amount of funds transferred through this system, its role in maintaining the stability of the national payment system and provision of cashless payments. On the basis of the study, the author determines the elements (subsystems) that together constitute the payment system of the Bank of Russia. The paper analyzes peculiarities of the payment system organization and functioning that cover the regulatory consolidation of the rules of the payment system, the combination of the functions of the payment system operator, money transfer operator and operator of the payment infrastructure implemented by the Central Bank of the Russian Federation, the use of a whole range of services to transfer funds, etc. Special attention is given to the upcoming changes in the mechanism of the legal regulation of the payment system of the Bank of Russia that are associated with the adoption of the Provision of the Bank of Russia of July 06, 2017 No. 595-P "On the Payment System of the Central Bank of Russia." It is determined that the new Provision is aimed at modernization of the mechanism of funds transfer by means of introducing a new technology platform, improving the categorical apparatus, expanding the circle of participants of the payment system in question, as well as amending the organization and functioning of the payment system of the Central Bank of Russia that will contribute to the stability of both the payment system of the Central Bank of Russia and the national payment system as a whole. In addition, the paper scrutinizes the system of management and powers of structural subdivisions of the Central Bank of the Russian Federation with regard to the management of the payment system of the Central Bank of Russia and the composition of its participants, analyzes the specifics of transfers, examines the types of payment documents used in fund transfers via various services of the payment system of the Central Bank of Russia, provides statistical data that allow to estimate the role of the payment system of the Central Bank of Russia in the national payment system.

In the paper the author substantiates the conclusion that the implementation of the principle of good faith in the civil law legislation determines that the right to protection of a subjective civil right should be constructed not as its element, but as an independent civil right. When the right to protection is unfairly exercised, adverse consequences are envisaged only for the right in question. Thus, a person is denied protection of her subjective civil right. With regard to the protected subjective civil right adverse effects do not occur. When the civil right to protection is included as an element into the subjective civil right, adverse effects would occur with respect to the subjective right itself, which will not facilitate the stability of civil relations.

The paper is devoted to one of the hottest and most debatable problems of the Russian legal science - the study of the problems of constructing judiciary law. The author's analysis of judicial reforms carried in recent years has shown that they are quite chaotic and uncoordinated and are often implemented in the interests of a current political and legal situation. The reason for this is seen in the absence of: first, consistency in their preparation and implementation; second, the perception of the judiciary as a unified organization composed of closely interrelated elements; third, a comprehensive approach to the implementation of the judicial legislation reform. In the researcher's opinion, the development of the concept of judiciary law giving an integral picture of the legal regulation of activities of the judiciary in its institutional, law enforcement and lawmaking aspects could help in overcoming this state of affairs. The author examines the main approaches to understanding judiciary law on the basis of which an attempt is made to define its system. The author has analyzed the works of the following judiciary law experts: I.Ya. Foinitsky, N.N. Polyanskiy, M.S. Strogovich, V.M. Savitsky, A.A. Melnikov, E.M. Muradian, A.P. Guskova, N.G. Muratova, M.N. Marchenko. In this work the author draws a conclusion that the system of judiciary law can be comprised of three groups of rules combined in general (including mainly provisions on the court system), special (consisting of judicial procedural rules) and specific (regulating the enforcement of judicial instruments) parts. The paper also analyzes some of the problems of reforming legal provisions constituting separate parts of the system of judiciary law. The foundation of the system of judiciary law, according to the author, should be formed by the principles governing the organization and functioning of the judiciary, namely: the priority of the rights and freedoms of a man and citizen; the principle of separation of powers; the principle of independence of the judiciary; the principle of the unity of the judiciary; the principle of legality; the principle of publicity. The analysis of these principles is also carried out in this work.

The modern system of public administration in the field of forest relations requires reviewing the existing and developing new theoretical and legal provisions and conceptual approaches that facilitate the balance between economic and social benchmarks for the use of forests along with the preservation of ecological potential of forests. In the context of intensification of the forest use, management activities cover a complex set of social relations, including not only forest management, reproduction, protection and rehabilitation of forests, but also a forestry complex that includes forestry and timber processing industries. Accordingly, state management in the field of forest relations should be seen in connection with the management of the forest complex. In the same way we should deal with the understanding and legal substantiation of the state forest policy constituting the foundation of the state forest management. The sphere of the state forest policy should include, along with the use, respect, protection and reproduction of forests, the forest complex. This approach requires improved strategic planning documents and other legal and political documents that will provide representation of the state policy in the sphere of forest relations and the forest complex, interrelation and harmonization of the provisions contained therein. An institutional framework of the state forest policy requires a comprehensive approach for improving the management system in these areas. It is necessary to clarify the competence and powers of special authorized bodies of state power of the Russian Federation and constituent entities of the Russian Federation in the field of forest relations and forest complex. Forest areas and forest parks that are the basic territorial units of management in the field of use, protection, and reproduction of forests are included into the key problems of the regional forest management. In the absence of the Forest Code of the Russian Federation, the concepts of "forest area" and "forest park" are assigned different legal statuses by the participants of legal relationships, including their legal form, structure, competence and authority. Along with defining the legal status of forest areas and forest parks, and determining the legal status of forest warderns, it is necessary to improve the implementation of the Federal State Forest Supervision Service (forest protection). Also, it is necessary to resolve the problems with regard to implementation of the functions of state management in the sphere of forest relations, such as forest management, development, approval and implementation of forest plans, information support of forest management, forest certification, etc. In order to increase investment attractiveness of the use of forest plots, it is necessary to improve the legal support of the multipurpose forest management. The state management efficiency in the field of forest relations and forest complex requires improving the forest and related (natural resources, environmental, tax, etc.) laws.

In the paper the authors, on the basis of the analysis of jurisprudence, elucidates the conditions of holding a majority shareholder liable for improper determination of the redemption price of shares during the procedure of compulsory redemption of shares (Article 84.8 of the Law on JSC). Courts consider damages recoverable to a minority shareholder in case of lowering the redemption price of the shares solely as a penalty. Thus, when considering the case, the following facts are to be determined: illegality of actions undertaken by the majority shareholder, damages, causation between violations committed by the majority shareholder and losses of minority shareholders, the majority shareholder's fault. The paper highlights the features of determining these circumstances, analyzes recent law-enforcement jurisprudence. Particular attention is drawn to the need to consider the presumption of good faith conduct of civil relations participants when determining illegality of actions taken by the majority shareholder. In this context, the authors raise the question of qualifying the behavior of a majority shareholder when he determines the redemption price of the shares in precise compliance with applicable law, but on the basis of a report where an appraiser committed fundamental violations. The paper focuses on the issue of the possibility of holding the majority shareholder liable for any violations committed by a third party, i. e. appraiser. The authors analyze the jurisprudence with regard to the issue of establishing causation and make an attempt to explain the revealed contradictions. In authors' opinion, the fault of the majority shareholder is needed to hold him liable, while the relations examined in the paper are regulated under general provisions of the Civil Code of the Russian Federation, in particular, Article 401 and 10. The paper contains a number of statements set forth in jurisprudence and related to the examination of the report of the appraiser on the basis of which the majority shareholder has carried out the redemption of securities. The authors analyze the most frequently used ways of proving that the redemption price of shares was underestimated and the majority shareholder acted in bad faith during the procedure of compulsory redemption of shares.

This article examines the legal nature of a court decision in cases on challenging regulations, its special features in comparison with court decisions in other categories of cases. This decision is a mandatory act of official normative interpretation and, as such, can be regarded as an enforcement act, and, in certain cases, as an act of law-making process. The identified legal nature of the court decision makes it possible to delineate the limits of its legal power, such as to extend it to the motives of the court, and to derivatives or re-regulatory legal acts. It is also possible to conclude that the subjective limits of legal force of the court decision on challenging regulatory legal acts cover a range of individuals, the relationship involving which are settled by the challenged regulations.

The state of the environment in general and the negative effects of armed conflict in particular are issues to be addressed. The impact of these factors on human rights is obvious. The purpose of this article is to analyze norms and practice of international law to determine the possibility of the protection of environmental human rights in the context of armed conflict. The analysis of international legal norms shows a deficit of special rules providing for the protection of environmental human rights in the context of armed conflict. The volume of international law providing for the direct protection of the human right to a healthy environment is extremely limited. They represent the norms of "soft law" and are not legally binding or, in the most general terms, are enshrined in some regional instruments. The existing state of international legal regulation of this issue necessitates recourse to international judicial and non-judicial bodies. In this context, the practice of the African Commission on Human and Peoples Rights, Inter-American Commission on Human Rights, the European court on Human Rights, as well as acts adopted by the treaty bodies on human rights concerning the protection of individual human rights because of damage to the environment, may be relevant. The analysis of such practices and acts shows that the protection of environmental rights of the individual in the context of other human rights, namely: the right to life, right to adequate standard of living, the right to the highest attainable standard of health, right of ownership etc. In general, the protection of environmental human rights in the context of other human rights is possible in the conditions of an armed conflict, taking into account the characteristics of the latter. Therefore, this approach can ensure the protection of environmental human rights in the context of armed conflict.

The article provides the original classification of principles of legal regulation of cross-border copyright relations including three types of groups governing rules, described based on a number of essential criteria: systemic principles, specific substantive and specific conflict-of-laws principles. A detailed study covers a group of special conflict of laws and legal principles, structurally including the following two main regulators: the law of the State where protection of the work is claimed (lex loci protectionis), and the law of the State on the origin of the work (lex loci origins). The author conducts the analysis of cross-border copyright not only from the standpoint of disparate systems of national laws following national character of international legal protection, and separately regulated copyright relations, as reflected in most modern scientific research in the field of copyright. The author of this study uses a systematic approach that makes it possible to identify common fundamental principles of regulation of respective relations groups at the scale of the community of States parties to the international system of copyright protection. The analysis is conducted through the action of international agreements on copyright together with the national legal orders of the States participating in these agreements, and, simultaneously, through a comparative analysis of copyright modern States among themselves. The identified systemic regulators are the principles of legal regulation of cross-border copyright relations in the context of omissionship conflict and even substantive regulation in certain institutions copyright that can fulfill the function of legal guidelines.

The article discusses the plight of women - surrogate mothers from the lower castes of India, which is the result of legislative regulation of surrogate motherhood. The low cost of services of surrogate mothers and legal regulation advantageous for the genetic parents, attract clients from abroad, making India the world centre of surrogacy. The consequence is a humiliating situation of surrogate mothers, their vulnerability, and contrary to the declared democratic values enshrined in the Constitution of India. The protection of democratic values and consolidation of the old caste are natural of India, which is also enshrined in the legislation. In November 2016, a new bill prohibiting surrogacy on a commercial basis was presented. Currently the bill is pending. The article shows that if the bill is passed, it will solve some of the problems associated with the humiliated position of surrogate mothers, but will not solve problems related to 1) the autonomy of surrogate mothers; 2) protection of the rights of women of the lower castes applying for the job of a surrogate mother. In addition, the bill may cause new social and economic problems. Firstly, the introduction of the bill will hit "reproductive tourism" in India, seriously reducing the industry. Secondly, the ban on surrogate motherhood on a commercial basis will be a significant part of the medical staff of IVF clinics. A new bill will require considerable powers of Executive authorities and police, since the ban applies on a well-developed industry in medicine, having gained international fame. Otherwise, the introduction of the bill may create a black market of surrogacy. The article provides a number of alternative measures to solve problems caused by "reproductive tourism", such as diagnosis, medical aid to surrogate mothers after childbirth, control over the content of surrogate mothers and the protection of their rights. Similar measures have already been successfully used in the field of experiments with the participation of the people, and have international legal framework.

Criminology is a legal science, for a good reason claiming the formation of their own branch of law. Criminological legislation as a system of international, Federal and regional regulations of criminological content and focus is actively developing. The subject of the criminological law as a branch of law are the public relations regulated by legal acts in connection with the study and analysis of the negative social phenomena and processes of criminological expertise of normative legal acts. The aims are the establishment and implementation of measures to ensure the security of an individual, the society and the State from threats of a criminal nature; the organization of complex activities of States, national authorities, public associations, religious associations and citizens on combating socially dangerous acts, negative social phenomena and processes. There are three types of criminological relations forming the subject matter of criminological and legal regulation. The first is expert-analytical relations arising between state bodies and subjects of anti-corruption expertise of normative legal acts and drafts of regulations between ordering customers and performers of criminological research. The second is the prevention of the relations existing between stakeholders on elimination (restriction) of criminogenic factors and objects of preventive action. The third is protective legal relations arising in public and private spheres in the provision of criminological security, which are the subjects of state bodies, corporations, other business structures. In modern conditions, the criminological law and criminological legislation should play an integrating role for other branches of the law in addressing the issues of criminalization of social relations, corruption, extremism, terrorism, drug abuse, transnational organized crime. The growing importance of criminology in the modern world, due to total criminalization of social relations, indicate the importance of clarifying its subject. The traditional understanding of the subject of criminology as a science of crime and its causes, the identity of the offender, crime prevention is clearly outdated. The subject of criminology should include a framework for the analysis of negative social phenomena and processes and the organization of counteraction to crimes and other offences (analytical intelligence), and criminological legislation and criminological law.

The article is devoted to the analysis of the views of the scholar and lawyer of the late XIX - early XX centuriesM.M. Kovalevsky on the judiciary. In his numerous works devoted to state legal issues, he considers such issues as the role and importance of the court in the state, the judiciary and fundamental principles of justice. The analysis of the views of M.M. Kovalevsky on the judiciary makes it possible to draw the following conclusions. Firstly, the Russian government, borrowing foreign experience in the establishment of the courts, were not "slavish imitation" of foreign models. Legal institutions, such as Magistrate Judges, and the principles of justice were implemented according to national circumstances, while maintaining the identity and customs of the Russian people. Secondly, M.M. Kovalevsky could not imagine a democratic state without an independent court established on the basis of equality before the law and the court, of the irremovability of judges, publicity, competitiveness, the participation of the people in the administration of justice. Thirdly, on the one hand, the scientist considers the court as a guarantee of individual rights, but on the other had as a limiter of state power. Assessing the court as the main guarantee of human rights and being a zealous defender of freedom, M.M. Kovalevsky at the same time understands that, on the one hand, justice is a guarantee of freedom, but on the other hand liberty may be restricted in the interests of justice. Fourthly, M.M. Kovalevsky called for the establishment of administrative justice in the state, focusing on the right to appeal actions of officials, up to Ministers, the courts, and the establishment of administrative courts. The possibility to appeal against actions of officials in court had found greater guarantee than securing rights and freedoms in declarations. M.M. Kowalevsky raised the questions in the field of the judiciary, crucial for building a constitutional state, many of which ("free" court, the establishment of administrative tribunals, the responsibility of officials before the court, tenure of judges) are still relevant in the modern legal science.