The article is devoted to one of the most important problems of legal theory, namely, the problem of "just law." All great revolutions pursued the objective of achieving social justice that was primarily associated with the equality of all before the law. To a large extent, this explains surprising overlapping of algorithms in compliance with which the revolutions developed having passed through the same stages of formation. During the revolution, the idea of equality is often replaced by the idea of freedom. The clash of the old departing legal order with the new revolutionary legislative norms created a specific situation, a state of emergency, i.e. an anomie, when the operation of any law was suspended. However, the statehood itself, despite the change in its form, continued to exist. The need to create a new law required the development of a new legal order; as the result of the development of law, constitutive and regulatory acts that envisaged the newly established order were adopted. The author focuses on the historical experience of the English and French revolutions comparing it with the experience of other revolutions.

The article provides for the comparison of the concepts of "a consumer" and "a weaker party" in debtor-creditor relations as well as defines ideas and criteria for using the relevant conceptual apparatus. When writing this article, the author used such private-scientific methods of cognition asformal-legal, comparative-legal, technical-legal methods, which allowed to draw the following conclusions regarding the subject of research: a consumer is a person acquiring the object involved in civil-law transactions for the purpose to use the object as an end user; "a consumer" status does not make a person unprofessional in the relevant field and, initially, due to this status, a person acquiring the object involved in a civil transaction is not vested with special rights, and the counterparty is not vested with corresponding obligations in order to restore the violated peremptory principle of the civil legislation - the principle of equality; "a weaker party" in legal relations is a person who, due to the specifics of the actual legal relations, can not fully appreciate and understand the possible negative consequences arising from acquisition and execution of corresponding duties; the presence or absence of the status of an entrepreneur (trader) does not have a pre-determining importance to caracterise a person as a "weaker party" in legal relations. The following characteristics can be identified and applied to qualify one of the participants of legal relations as "a weakwer party:" a counterparty of a person is an entrepreneur (trader) for whom the activity in question is professional one and it constitutes one of the main ways to increase profits; it is obvious that the contractual conditions can not be influenced, i.e., there is an obvious inequality in the negotiating power of the parties because the person does not possess the relevant knowledge and can not predict the relevant risks; one of the key factors influencing the possibility of using the arsenal of rights and methods of protection inherent to the weaker party of legal relations is the proactive behavior of the professional that includes informing as well as receiving assurances from the person concerning his or her awareness of the entire risks of the transaction in question.

The article is devoted to the legal regulation of monetary relations in the Russian Federation. The research analyzes the concepts used in law of monetary circulation, scientific approaches to the determination of its elements, the system of monetary relations of the Russian Federation. The author suggests his own approach to determining the subject matter of monetary law, determines an additional element of monetary relations associated with alternative monetary circulation. At present, monetary relations are regulated by a wide range of branches of law: civil law, since money is a compulsory element of purchase and sale transactions, criminal law, since money is the property that this law is called upon to protect, etc. Moreover, the article raises the question of the need for scientific substantiation of the relations arising when money is circulated and differentiation of those relations from those that relate directly to the subject matter of financial law. An attempt was made to correlate the notions of "money" and "law of monetary circulation." In this regard, it is determined that law of monetary circulation regulates the process of circulation of national and foreign currencies within the territory of the Russian Federation, and monetary law acts as a complex legal entity that includes not only legal mechanisms for currency circulation and the legal nature of money, but also money surrogates and alternative currencies the circulation of which is not regulated by the norms of Russian financial law. The article concludes that at present the Russian Federation has not yet formed any unified state approach to the system of monetary relations, and it also raises the question of what is worth betting on for the economy development: the national currency or the world's reserve currencies. Also, it is concluded that more detailed and qualitative development of monetary law is required within the framework of the science of financial law, its content and structure of elements. This article represents an attempt to formulate a new approach to monetary law as a branch of the financial and legal science, to set vectors for its further development and to identify new directions to improve the science of financial law at the present stage.

The article analyzes the criminal legislation of states of Anglo-Saxon, Roman-German and Muslim legal families with regard to the establishment of responsibility for crimes related to sexual exploitation and sexual abuse of minors. The analysis carried out by the author is aimed at improving the domestic criminal legislation with regard to fighting against the crimes being analyzed, taking into account the positive experience of how these problems are resolved in the legislation of foreign countries. Methodologically, the article is based on the dialectical method as a universal instrument of cognition combined with such general scientific and specific scientific methods as formal-logical, legal-technical, comparative-legal, systemic methods, and a method of interpretation. Conclusions are drawn that many foreign countries are characterized by a wide specification of elements of crimes associated with sexual exploitation and sexual abuse of minors as well as by using a detailed approach to differentiating criminal responsibility for such crimes. As a result, the authors make proposals concerning criminalization in the Russian criminal law of the acts that are expressed in harassment of a minor for sexual purposes. The authors also give their own definition of a "sexual purpose" that is proposed to be envisaged in the Note to Art. 135.1. Moreover, it is proposed to supplement acts provided for in Art. 131,132,134, 135, 240, 242.1, 242.2 of the Criminal Code of the Russian Federation with the qualifying element when such acts are committed by family members living in the same family as a minor and engaged in his / her upbringing as well as by persons responsible for supervising a minor. This study allows the authors to conclude that modifications and amendments made in Chapters 18 and 25 of the Criminal Code of the Russian Federation will secure protection of the rights and interests of children from sexual exploitation and sexual abuse, since the premature initiation of sexual life harms their moral, physical and mental development.

The article is devoted to issues related to the definition of a complete and incomplete appeal in the theory of procedural law, each of which has certain distinctive features that allow differentiating one from another. Comparative analysis of the norms of civil procedural and arbitration procedural law justifies the existence and combination of distinguishing features of the two types of appeal, which makes it possible to speak of a mixed model of appeal in domestic civilistic proceedings. It is noted that a mixed appeal that contains characteristics of two types is typical for administrative proceedings. However, it is qualitatively different from the previous ones for the better because of the positive step taken by the law-maker and aimed at vesting the court of appeal with the power to revoke the judgment and refer an administrative case for reconsideration to the court of first instance in three exhaustive cases. The author shares the viewpoint that it is necessary to expand the number of grounds that can be applied to refer the case for reconsideration to the court of appeal. The analysis of two types of appeals allows the author to come to the conclusion concerning admissibility of the incomplete appeal model for domestic procedural law to a greater extent, and, as a consequence, the need for theoretical elaboration and improvement of legislation with regard to the Russian mixed model of appeal in the civilistic procedure. The need to introduce legislative modifications is predetermined by the fact that the normative consolidation of reconsideration of the case by the court of second instance results in the loss of the meaning of the appeal as a verification instance, and the legal consolidation of the power to refer the case for consideration is but obvious. In the light of the forthcoming reform of the procedural legislation, it seems that the gaps and shortcomings in question can be filled in and harmonized in a new codified act by vesting the appellate court with the power to revoke the judicial act and forward the case for reconsideration to the court of first instance in an exhaustive number of cases, including the cases when the fact of breach of jurisdiction has been established taking into account the fact that the second instance court should not be entrusted with functions that are not inherent to it with regard to initial consideration of the case.

In the article the author pays close attention to the legislation on administrative offenses, since bringing to legal responsibility is always connected with the restriction of the rights and freedoms of persons held liable. Legislation on administrative offenses in the Russian Federation is presented at the level of federal legislation and legislation of the constituent entities of the Russian Federation. Constituent entities of the Russian Federation are authorized to establish administrative responsibility for the violation of regulatory legal acts of constituent entities of the Federation and municipal legal acts. Both the federal and regional legislations are obliged to respect the basic principles of law to full extent. One of fundamental principles is the principle of legal certainty, which has been repeatedly stressed by the European Court of Human Rights and the Constitutional Court of the Russian Federation. The article analyzes the legal standings of the Supreme Court of the Russian Federation concerning compliance with the principle of legal certainty on behalf of law-makers of the constituent entities of the Russian Federation when adopting laws on administrative responsibility. Compliance with Recommendations that have been developed will prevent violation of the principle of legal certainty when laws on administrative responsibility are being adopted by the constituent entities of the Russian Federation. Also, the article analyzes the existing regional legislation with regard to its compliance with the requirements of the principle of legal certainty. The vast majority of the laws of constituent entities of the Federation contain norms that do not comply with the principle of legal certainty. At the moment, norms that are similar or even analogous to those that the Supreme Court of the Russian Federation has abolished because they violated the principle of legal certainty continue to operate. At the same time, analyzing the needs and opportunities of the local law-makers in protecting the norms of constituent entities of the Federation and the norms of municipal legal acts, one can come to the conclusion that it is almost impossible to follow the principle of legal certainty in some spheres. First, this is caused by the need to protect municipal legal acts that have a common scope of regulation, but different content. When establishing administrative responsibility the federal law-maker does not ensure the compliance with the principle in question in all cases. Therefore, the problem of observing the principle of legal certainty in establishing administrative responsibility at all levels of legislation requires the development of common approaches. It is necessary to develop new mechanisms of a legislative technique that will allow complying with all the requirements of the principles of law.

The article examines topical issues of execution of decisions of the European Court of Human Rights (ECtHR) in reviewing criminal cases under new circumstances. The author provides an overview of the procedural models of the given form of the final revision of judicial acts in foreign legal systems, as well as the author's classification of the terms of such a revision in the criminal procedure in the Russian Federation, highlighting the substantive and formal conditions of cancellation or modification of enforceable judicial decisions. The article examines the phenomenon of ECtHR legal positions as a special kind of new circumstances for revising the interim and final judicial decisions in the Russian jurisdiction. Based on the analysis of practice of the Supreme Court of the Russian Federation the author highlights the problem of effective implementation of ECtHR decisions in the review of cases under new circumstances, including the effect of "nullification of the legal position" of the ECtHR by the Russian courts. The reason for this phenomenon may lie in the lack of quality translations of ECtHR decisions, and a distorted understanding by the domestic enforcers of the essence of the "margin of appreciation" doctrine that allows them a certain freedom of discretion in the assessment of applicable methods of ECtHR decisions implementation. The author proposes changes into the law to improve procedural practice of the ECtHR decisions in the Russian criminal proceedings, including through introduction of provisions that provide the legal basis for stakeholder participation in the review procedure of the question on the necessity of the resentence by the Presidium of the Supreme Court.

The growing threat of terrorism in the modern world is forcing the global community to improve the legal framework to combat it, in particular through the expansion of the legal ability of States to establish criminal jurisdiction in respect of persons involved in the commission of the crimes. The article analyzes the problems of establishing universal criminal jurisdiction over terrorist crimes through the prism of identifying and researching the legal basis and the legal nature of such a jurisdiction and the conditions of the legality of its establishment. The result of this study are the following conclusions. First, the principle of universal jurisdiction, being aimed at preventing impunity, occupies a special place in the principles of establishment of extraterritorial criminal jurisdiction, due to the subsidiary nature of universal jurisdiction. Secondly, the establishment of universal jurisdiction in cases where the state's obligation to prosecute is enshrined in international customary or treaty law is, given its subsidiary nature, an obligation and not just the right of the state to establish such a jurisdiction. Third, it seems that currently the most reasonable approach to the definition of the legal nature of universal criminal jurisdiction is recognition of its conditional or limited sense, since the elaboration and consolidation of the conditions of the establishment of universal criminal jurisdiction in international law may facilitate finding a proper balance of the respective interests of the international community and reduce possible political tensions in the application of the principle of universal jurisdiction. The paper also substantiates the thesis about the applicability of the principle of universal jurisdiction to establish criminal jurisdiction over terrorist crimes.

The study of the definition of "cross-border marriage" in private international law is very complex due to uncertainty of approaches to understanding the socio-legal phenomenon of "marriage." Not all the States have consolidated the term in the legislation. In legal literature many authors point both to the impossibility and absence of necessity of unification of the concept of "marriage" due to the large differences in historical, legal, family, religious tradition, inherent to the field of marriage and family relations in States belonging to different legal systems. In Russian legal science there is no single approach to the definition of "marriage". The analysis of the legal literature revealed several significant approaches to the solution to the specified question. Thus, marriage is defined as the union of a man and a woman, as a special family law agreement, and as a civil contract. In the science of private international law authors use the terms "international marriage", "cross-border marriage", "international marriage" as identical concepts, the term "marriage" is not defined. The author of the article attempts to define the concept of "cross-border marriage" through the relationship between the concepts of "international relations" and "cross border relations". Traditional is the approach according to which international relations occur between States, between Nations, are political in nature and are the subject of legal regulation of public international law. The term "cross-border relationships" is treated as a synonym to"international private legal relations", which arise between individuals and legal entities in private law - civil law relations, investment, trade, labour, etc. Therefore, by defining the concept of "marriage" in private international law the author uses the term "cross-border marriage." In addition, the author identifies the lack of universal criteria (such as features, bases for the evaluation of the phenomena) of referring the relations to cross-border ones. Therefore, the author establishes that these criteria in different sources include subject composition of legal relations and their status, political, geographical location and movement of the subjects, the presence of foreign elements, connection with different legal systems, or foreign laws. According to the author, the use of the term "foreign element" is the most successful and justified to the characteristics of cross-border relations.

The article is devoted to the institution of extradition of criminals in the Russian Empire in the second half of the 19th - early 20th centuries, which to that time had not yet found complete clearance in international law. The author researches the state of the Russian legislation, regulating the procedure of extradition. In the second half of the 19th century, unlike some European countries Russian legislation did not have provisions to regulate the procedure of extradition of criminals. Only with the adoption of the new Criminal Code in 1903 into national law, some norms, partly regulating this procedure, appeared in the national legislation. The basic extradition treaties concluded by Russia with the European countries in the second half of the 19th century are studied in the article. Since 1866, the Russian government has been quite active in concluding special conventions on extradition with European countries. Special attention is given to the analysis of the procedure for the extradition of political criminals. It is noted that the principle of non-extradition of political criminals was universally accepted, but it was very contentious and controversial for both criminal law experts and for international lawyers, especially in the 70s-90s of the 19th century, when many civilized countries faced the problem of combating terrorism. Legislation of almost all European countries banned the extradition of political criminals which was reflected in the relevant international treaties. Often Russia that previously extradited political criminals only after 1866, i.e. from the moment of the conclusion of the first cartel conventions with the European countries, began to refuse extradition for political offences. In terms of evaluation of anti-terrorist potential of extradition in the Russian Empire it is concluded that despite the fact that in the second half of the 19th century many common international law norms were consolidated in conventions, it is possible to trace, albeit infrequently, an individual approach to the issue of extradition of political criminals.

The present article defines the nature of the reservations, the peculiarities of the legal categories of "sovereignty" and "sovereign powers" of Indian communities. To identify similarities and differences between the reservations and the territorial autonomies the author proposes to consider autonomy in a complex of three dimensions: principle, form of the territorial organization of the community and legal regime. The proposed criteria of autonomy are used as qualifiers of the constitutional legal nature of the reservations. It is specified that the scope of Indian self-government communities is subjected to high risk transformation solutions of the Federal authorities as well as the minimum resources configuration of its own legal orders. The analogy with the modelling approach of the constitutional legal status of unincorporated U.S. territories is provided. It is concluded that the constitutional and legal status of the reservations can be characterized from two perspectives. Given the institutionalization of tax and financial preferences, special rights in the sphere of environmental management for Indian tribes, they have advantages compared to the population of the States and municipalities in certain areas of life (gambling, retail trade, taxes, special rights of use of natural resources). These indicators, in conjunction with national cultural identity and the possibility of formation of legislative, executive and judicial bodies, align the reservations with the institute of territorial autonomy. The second aspect of the constitutional legal status is a permanent state of "swinging" and total dependence on the Federal government, due to the defectiveness of the guarantees of independence in the field of internal self-government. This approach supports the characteristic feature of the state policy of preserving in full the level of the Federation levers to govern Indians and their territories under its jurisdiction jurisdiction and control. These factors characterize the limited resources of the tribes to self-configure their own law and order (compared to the States), which in turn separates the reservation from the territorial autonomies. On this basis it is stated that the reservations are independent forms of intra-state entities which, nevertheless, have characteristics of territorial autonomy.