The paper analyzes restrictions of the debtor's rights employed in enforcement procedures (enforcement actions) in the context of criteria of legal responsibility. Using as examples restrictions applied to the right to travel abroad, to exercise special rights, as well as to post information with regard to the identity of the debtor in the public register of enforcement proceedings, the author draws a conclusion that enforcement proceedings, in addition to measures recognized by the law-maker and the law doctrine as measures of responsibility, include a number of other enforcement measures that are not technically recognized as measures of responsibility. However, in the view of some criteria of responsibility, they can be treated as such based on the process of their implementation. Such measures are indirect measures of coercion, i.e. they are aimed at forcing the debtor to fulfill what is demanded under an enforcement document. The mentioned above should not entail any decrease in the level of legal safeguards for the debtor as the adressee of such measures.

The paper examines the issue of the scientific content of legal knowledge from a standpoint of materialism. Following the concept of N. P Yablokov concerning the unified nature of cognition and proving, the author scrutinizes the factors of the development of the theory of forensic expertise at the present stage that determines the range of scientific and practical elements of a cognitive aspect of expert activities. From the standpoint of the essence of the search and cognitive activity of the subjects of proving, the author reveals a general methodological platform of expert activities: "forensic epistemology" and "forensic gnosiology". Based on this, the author analyzes the system of scientific forensic knowledge, including cognitive processes that are, on the one hand, associated with the study of the subject matter of forensic and art expertise and, on the other hand, with the critical analysis and evaluation of the results of the expertise from the standpoint of their objectivity. It is proved that forensic epistemology, having an interdisciplinary nature, assimilates new scientific results in several areas, including the arts; absorbs and processes both problematic, empirically conditioned knowledge and reliable knowledge. In this regard, the author divides into periods the development of forensic expertise as a separate branch of knowledge. To this end, it is noted that during the first period, "forensic epistemology", that was necessary for the formation of a separate branch of legal knowledge, gained its popularity. It is noted, that forensic epistemology was aimed at the formation of reliability of expertise results. (In this context, the paper examines the system of procedural relations of expert activity participants that is demonstrated in art. 17, 37, 57,58,74, 80, 84, 87, 88, 282 of the RF Code of Criminal Procedure.) It is noted that during the second period of its development (the 90s of the 20th century - early 21st century) "non-classical problems" in the development of forensic activities became vital. It is argued that, when special knowledge is integrated into court proceedings, a non-classical concept, in which the influence of neo-epistemological trends become stronger, gains popularity in its turn. It is determined that the identified aspects of scientific knowledge form a system of forensic expert knowledge in the context of forensic and art expertise.

The paper provides different classifications of presumptions in relation to the area of Family Law (general legal classifications, classifications employed by different branches of law, intersectoral classifications, direct and indirect classifications, refutable and irrefutable classifications, substantive and procedural classifications, mandatory and discretionary classifications, classifications of an obvious and and of an unascertained fact). The author considers, that in some States there is no division into branches of law analogous to the Russian legal system, and, therefore, certain classifications may not be applied to the legal systems of such states. Special attention is paid to the presumptions of fact, as well as the issues of determining paternity and maternity in surrogacy relationships. To this end, the author provides examples taken from national and international jurisprudence. In addition, the author discusses in detail such issues as determination of the future residence of the minor child when the parents are divorcing, the definition of burden of proof in divorce proceedings when one of the spouses does not agree with the divorce, and the other spouse insists on the divorce and is strongly opposed to being granted the period assigned for reconciliation, the presumption of good faith of one of the parties at the conclusion of a sham marriage and in cases when the secret of adoption is divulged, etc. The author goes beyond the analysis of the main provisions of Family Law of the RF, appealing to the legislation of near (Ukraine, Belarus, Kazakhstan) and far (France, Germany, USA, Netherlands, Japan, and Muslim States) countries of abroad analyzing and comparing their experience of dealing with the problems similar to the Russian legal reality. It is concluded that the use of presumptions as means of legal technique in modern Family Law of Russia is influenced by such factors as an irregular nature of the situation subject to regulation, strengthening of public foundations and the lack of legal presumptions. In addition, in some cases, the question is raised concerning the use of such a means of legal technique as the presumption and the need to substitute it with the legal fiction. The paper is of interest not only to experts in the area of the theory of law, but also to general public.

A modern mechanism of compensation of harm caused to the environment requires revision of existing and elaboration of new theoretical and legal provisions and conceptual approaches that will ensure that the specificity of the mechanism is taken into account and conflicts in environmental and civil laws are being dealt with. Among controversial issues to be addressed at the doctrinal and legal levels, the problems of terminological inconsistency, definition and interrelationship between the concepts of "environmental harm," "environmental damage," "harm to the environment," etc., remain unsolved. The legal nature of the harm caused to the environment and its individual components, its specific characteristics, including those characteristics that existed in the past, necessitate the further development of theoretical justifications of existing legislation in this area, and determination of directions of its improvement on the basis of environmental legislation. Civil law rules are applicable to the understanding of harm caused to the health and property of citizens by negative environmental impact as a result of economic and other activities of legal and personal entities, to determination of the amount and order of compensation of such harm, as well as to the damage caused by a source of increased danger. The same problematic are the issues associated with compensation of harm caused to the components of the environment. The analysis of the environmental and natural resources legislation reveals that it lacks a legal definition of the concept of harm caused to the vast majority of components of the environment. It is necessary to update and improve the methods of calculating and recovering harm resulting from environmental offenses and implementation of environmentally hazardous activities. It is required to revise the methods of calculating harm caused to the components of the environment on the basis of their evaluation from the standpoint of a unified methodological framework, conceptual framework, mechanisms employed for their determination, assessment, and implementation. In order to overcome conflicts of laws existing in environmental and natural resources legislation, it is appropriate to develop and adopt a special regulatory legal act in the field of compensation of harm caused to the environment based on and consistent with the provisions of the general theory of environmental legislation efficiency that ensures the effectiveness of natural resources activities and environmental protection activities. The efficiency of compensation for the harm caused to the environment is influenced by the existing gaps in normative legal acts regulating determination of harm is caused to a separate component of the environment, which leads to the problems of law enforcement including the problems arising with regard to the state environmental supervision and dealing with court disputes. Methodological approaches suggested to improve the theory and legislation on compensation of harm to the environment, health and property of citizens will contribute to the effectiveness of its compensation.

Protection of forests from pests and diseases is an urgent issue. A large number of forests have been attacked by the bark beetle. We are in need of an effective legal mechanism for pest control. The author scrutinizes the current state of legal regulation of protection of forests under forest law. The system of forest protection is aimed at identification, as well as prevention and elimination, of processes and phenomena negatively influencing forests, and pursues two objectives: the first objective is preventive and precautionary, and it means conducting of activities aimed at the prevention of infliction of possible harm to forests, including protecting forests; the second objective is preclusive and coercive, which amounts to holding violators of forest legislation liable for causing harm to forests, including protective forests.

One should distinguish between procedures employed to verify constitutionality of issues submitted to a referendum and referendum initiatives that, in the author's standpoint, are separate procedures of constitutional review. The Constitutional Court of the Russian Federation exemines the compliance of the issue submitted to the referendum for its compliance with the Constitution of the Russian Federation. The Supreme Court of the Russian Federation is the only court that has an exclusive right to bring such matters before the court. The case is initiated if (1) ambiguity is discovered with regard to the question of whether the issue submitted to referendum complies with the Constitution of the Russian Federation; (2) the Decision of the Central Election Commission of the RF (CEC) that confirms the CEC ruling concerning non-compliance of the issue submitted to referendum with the Constitution of the RF is appealed in the Supreme Court of the RF. The reason for the proceedings involves an application in the form of request. The request is acceptable if the the CEC passed a decision claiming that the issue submitted to referendum is not in compliance with the Constitution of the RF and the decision can be appealed to the Supreme Court of the Russian Federation. The issue subject to the review in analogous cases is the issue submitted to referendum. The main criteria for the review is the content of the issue submitted to referendum from the standpoint of its compliance with the Constitution of the RF, differentiation of jurisdictions and powers between state authorities of the Russian Federation and state authorities of the constituent entities of the RF. We consider, it is necessary to determine procedural deadlines for such cases to be considered. The case proceedings may result in making a decision concerning either compliance or non-conliance of the issue submitted to referendum with the Constitution of the RF. As it seems to us, the legal consequence of the decision on compliance of the issue submitted to referendum with the Constitution of the RF amounts to declaration of the CEC decision illegal by the Supreme Court of the RF. The legal consequence of the decision on non-compliance of the issue submitted to referendum with the Constitution of the RF amounts to cessation of the procedures implemented to hold referendum. The paper concludes that proceedings with regard to reviewing constitutionality of the issue submitted to the Federal Referendum cover a separate procedure of constitutional control that has its own specifics. Therefore, it is necessary to include into the Federal Constitutional Law "On the Constitutional Court of the Russian Federation" chapters devoted to this procedure.

The study of the institute of the persons involved in the case has always been relevant for procedural science and practice. With the rapid development and modernization of legal relations between the subjects there are more new legal rules, that is why procedural law must meet the dynamically changing material relations. The purpose of this article is to study the preconditions which require harmonization of procedural status of persons involved in the case, their altered legal interest in connection with the transformation of material relations so that a lawful and reasonable court decision could be rendered. The analysis of the factors leading to the transformation of the procedural status of the persons involved in the case has resulted in the developed classification of assumptions which fall into objective and subjective. In the present classification, the author proposes the devision of the objective conditions into substantive law (changes and additions to the civil law, discovery of changes of the material component of the relationships in the course of the proceedings, etc.) and procedural law (risk of change of jurisdiction; incorrect application or interpretation of procedural law by the court). Speaking of the subjective prerequisites, the author divides them into two groups: associated with a bona fide ignorance (e.g. wrong legitimation of the plaintiff when suing in court; the plaintiff's request for replacement of the inadequate defendant, which is de facto unable to defend the suit brought), and related to inequitable conduct (for example, defendant's malpractice trying to block the ability to meet the demands of the plaintiff). The article draws attention to the wide application of the transformation of the procedural status of the persons involved in the case in the practice of the courts, despite the lack of legislative recognition of this possibility, which confirms the topicality of the problem and relevance of scientific research in the specified direction.

The authors research criminal law issues, special attention is given to the reasons for the newborn child murder by the mother with the assumption that the cause of this crime is the mother lacking maternal instinct which is biological in nature and is a necessary condition for the continuation of the human race. The data characterizing the identity of the perpetrators and circumstances of the perpetrated crimes are provided. External circumstances, which act as conditions inducing women to commit such an act are outlined. Among these circumstances are: the condemnation by relatives and friends, lack of housing and income, and other circumstances allegedly impeding the implementation of maternal functions. All these circumstances are appreciated in the criminological value as conditions. The authors select socio-demographic data on the identity of women who killed newborns, some of these data are presented in dynamics. Also the state of the mentioned murders is provided in dynamics.

The author conducts a statistical analysis of current data on road traffic crime. It is established that a high number of committed accidents have a devastating impact not only on the economic component of the country, but also on the level of child road traffic injuries. Despite the trend of reducing the number of road accidents and number of the injured, the level of accidents in the country remains high. That is why eliminating the risks of road traffic injuries, according to the author, should be based not only on public efforts, but also on a stable legislative framework. It is established that the man is a complex self-regulating system able, depending on the situation, to use their innerr resources in a flexible manner to achieve the desired result and avoid the danger. One of the keys to reliability is professional training. Therefore, in the implementation of preventive measures it is necessary to take into account the specifics of negligent crimes and the identity of the driver. The analysis of the main socio-demographic characteristics of prisoners enabled the author to form a portrait of a traffic offender personality. The author suggests that if to single out the most important factors of influence in the life of the driver responsible for the accident, it will be possible to purposefully form the "correct" environment for the development of a law-abiding citizen through the elimination of negative elements. The development of a new approach in the penal policy, associated with the study of the psychological characteristics of the individual vehicle drivers and also with the study of problems of evolution of the meta-cognitive system, formed under the influence of the social environment, requires to research the ability of the driver to analyze their own thinking strategies and to manage their cognitive activities, particularly in stressful situations, when every second counts for the assessment of the situation. Thereby having determined the need for further research from the standpoint of the evolution of meta-cognitive aspects of the criminal personality formed under the influence of the external environment in dangerous situations, the author concludes that the extension of such theoretical knowledge will allow scientists to develop new coping strategies that would be a surefire means of control by the driver himself in stressful situations.

The article is devoted to the 20th anniversary of the adoption of the Criminal Code of the People's Republic of China (PRC), the second Criminal Code in the history of socialist China. It is a characteristic of General, Special and Additional parts, with special emphasis on the characteristics of the relevant criminal law, reflecting the Chinese characteristics of legal regulation of responsibility for crimes. The authors conduct an analysis of the changes and additions to the Criminal Code of the PRC for the past 20 years of its operation, the main trends in the criminal policy of China, which is reflected in the process of improving criminal legislation, the reasons for which amendments are adopted in the Criminal Code of the PRC. Among these reasons are the need to reinforce the role of criminal law in countering criminal challenges of our time; increase in the number of criminal prohibitions, their implementation; humanization of criminal legislation and mitigation of criminal punishment. The Annex provides an extract from the Criminal Code of the PRC, Chapter 4, integrating the provisions on crimes against the rights of individuals and democratic rights of citizens.

The article analyzes the essential features and main approaches to the understanding of the economic dispute as a legal category. Criteria for separating legal disputes from any other kind of disputes are suggested. The authirs substantiate the functional approach to economic disputes as private law disputes arising in the course of any business activity. The issue of the industry affiliation of international economic disputes is examined. The peculiarities of the functioning of the international economic disputes in the Russian Federation are outlined. Special attention is given to dispute resolution mechanisms before the national courts of the Russian Federation with participation of foreign persons. Several problems, in particular, the excessive dependence of arbitration courts from the state authorities and "regulated" arbitration in Russia are highlighted. The authirs analyze modern procedures for alternative resolution of international economic disputes. Based on the study of the international experience the authors prove the importance of the use of mediation procedures as an effective means of settling private law and public law disputes.

Modernization of the selection of judges system in Kazakhstan is one of the areas of judicial reforms. Modernization of the system of selection of Kazakhstan judges includes a set of measures for the selection of candidates of judges, professional training, retraining and advanced training of judges, the formation of the judicial corps and the staffing of reserve judges. In the context of the given reform, matters of development and improvement of judicial education are highly important. The efficiency of the judicial system on the administration of justice depends on the forms and methods of training of judges. The highest degree of professionalism and the deep level of legal culture of judges is first and foremost the image of a legal state. The obstacle is the lack of professional training programmes for judges. In terms of industrial-innovative development of the country, the system of legal education and legal practice must be brought into compliance with international standards of justice. Education of judges should be fundamental, specialized and continuous. However, it is required to revise the procedure for the selection and terms of entry to the judges in the Republic of Kazakhstan through the implementation of primary theoretical and practical training of future judges in accordance with the specialization of courts and judges.

The article attempts to identify and analyze the impact of revolutionary ideas, taken to an extremely deep ontological level of existence, on the processes of state and right construction. "Revolutionary peace" or the ideology of the revolution is implemented in the existing legal rules and legal policy. Test analysis can detect some common to all historical revolutions algorithm and patterns. Clarifying legal differences in the assessments of such phenomena as "rebellion", "mutiny", "uprising", etc. it is possible to more specifically denigrate the legal framework of the phenomenon of revolution. The political aspects of this phenomenon became crucial in the evaluation of revolutionary action and transformation, depending on the results of the revolutionary struggle which defined its legitimacy as well. As for the legal grounds of the revolution, their relative nature was obvious. The changing legal terminology through which were used to describe real revolutionary acts and events, to a certain extent was dependent on the actual correlation of forces and the position of the legislature. The struggle marked the beginning of a revolutionary phase of the development that materially changed the principles of public administration, forms of government and legal system of the state. The desire for renewal combined with the use of organizational and constitutive violence. A natural result of the struggle becomes a civil war and the onset of dictatorship, which to some extent can be described in the language of law and jurisprudence. Revolution, which was presented at the global importance and permanence, has become a powerful historical force that influenced the development of all modern world state and legal systems.