Review. The construction of the legal (legalistic) assessment that is widely applied in the context of criminal law has not been properly analyzed as an institution of the relevant branch of law. This article analyzes the concept of the legal (legalistic) assessment, considers the elements of its structure (object, subject, ground and nature) and peculiarities if its manifestation. The article examines the process of implementation of this construction within the framework of the branch of criminal law, in particular, it addresses the issue of consideration of the qualification of crimes (criminal law qualification) as a type of legal (legalistic) assessment. As the analysis of sources has shown, in the doctrine of criminal law the legal (legalistic) assessment has been applied to particular categories and subcategories of crimes, objects of criminal infringement, some elements of the objective side of the crime, actions the criminality of which can be excluded, particular insti-tutions of criminal law, particular articles of the CC of the RF, particular crim-inal law categories. The author justifies the statement that particular criminal law prohibitions must be subjected to the comprehensive assessment. A criminal law prohibition must be assessed as a regulatory legal prescription, a legislative legal construction that enshrines all possible types (models) of criminal conduct declared illegal under the criminal legislation in a specific historical period; as a formal state power command of regulatory nature that contains a personal obligation not to commit (omit to commit) socially dangerous acts declared illegal by the criminal law and that interpret social relations from the perspective of the mechanism of criminal law impact. The author concludes that in respect of a particular criminal prohibition its social causation and validity must be assessed, as well as its semantic content and the form of presentation as a criminal law prescription. At the same time the practice of implementation of a particular prohibition, i. e. its assessment as a state power command of regulatory nature, is to be assessed as well. Legal as-sessment of a criminal law prohibition that includes determination of its essential elements and characteristics and that is aimed at determining its social value is caused by the ambiguity of its social and legal nature. This is largely due to the grounds for assessment of a particular prohibition that also depend on the choice of the subject of assessment. Comprehensive legal assessment of a particular legal prohibition, having objective and subjective nature, should reflect the assessment of its various incarnations, acting as a "bridge" connecting theory and practice.

Review. The article is devoted to the problem of providing efficient legal implementation of the legislation in the sphere of protecting rights and freedoms of man and citizen in the Russian Federation. It has become conventional for the Russian political reality to adopt legitimate and appropriate legal acts the obvious legal importance of which is completely diminished by the optionality of their implementation. Such a situation is always fraught with the appearance of different distortions in the legal system of the state. The legal regime of anomie should be considered as the most serious of such distortions. This phenomenon is absolutely unacceptable in terms of laying down the foundations of legal (and social) state in our country, because accurate and steady implementation of the rules of law is the most effective legal measure that provides the most efficient regulation in the sphere of respect for rights and freedoms of man and citizen. We should not also forget that the main objective of the rule-of-law state is to be the most active guarantor of natural rights of man. Human rights and freedoms at the same time serve as both the means and the goal of the development of any civilized society, and, therefore, of its most important political and public power institution, i.e. the state. Thus, human rights act as a very effective social regulator that directs and organizes the activities of all social and public institutions that provide necessary support for every person to realize himself or herself in life and creativity. In our opinion, there is a long-simmering problem of the necessity to transfer the center of gravity from the analytical study of the legal framework that provides compliance with and respect for human rights of man and citizen to studying institutional elements of such provision. To this end, the purpose of the article is to find effective ways of providing efficient implementation of rules of law that have already been adopted and to analyze the activities of public power institutions responsible for accurate and persistent implementation of the legislation in the sphere of compliance with and respect for the rights and freedoms of man in the Russian Federation .

Review. In 1987 the Commission on Human Rights considered the case I. Cederberg-Lappalainnen v. Sweden. It was the first case when the issue of the political rights of the child was discussed at the level of the international organ of protection of human rights. In this case the Commission unanimously opined that the child who achieved certain age of psychological maturity possesses some political rights. The adoption of th^e UN Convention on the Rights of the Child in 1989 marked the emergence of a new international legal standard concerning limited rights of minors. Nevertheless, a number of states signed this Convention with reservations concerning non-recognition of Conventional provisions that involve political rights. Despite the formation of a new international standard, as of today in both legal science and state practice of some states, there is no any consensus with regard to the issue of political rights that children possess. Taking into account the views of the authors denying the possibility of granting political rights to the child on a par with the views of the supporters of the existence of political rights of the child, this article defends the legitimacy of the existence of limited political rights of minors. The concept of legitimacy of limited political rights of minors is tried based on the provisions of the Russian legislation on children's rights.

Review. The article examines the issues of interpreting constitutional norms by the bodies safeguarding the Constitution in the former Soviet Union countries by the example of Belarus, Kazakhstan and Russia. The author defines both similar and distinctive features of the named authorities in resolving issues considered in this article. Similar features are reflected in common approaches to interpreting the Constitution by constitutional control agencies of the named states. In addition, similar features are traced in the mechanism of providing uniformity of interpretation of the constitutional norms and their implementation by the courts. The states are different with regards to the specific agencies protecting the Constitution. In Belarus and in Russia the Constitution is protected by the Constitutional Court, and in Kazakhstan the Constitution is protected by the Constitutional Council. It is noted that the unification of the highest courts in Belarus and the Russian Federation will facilitate uniformity of law implementation

Review. The article examines the perspectives of social and legal positioning of civil proceedings in the future radically new social and technological realities of the electronic state service. The author proves the statement that in the coming post-industrial era of the e-government, along with the activities of other governmental agencies, administration of justice in civil (arbitration) cases will acquire more features of the public law service rendered by the state by virtue of the obligation to protect violated rights that is imposed on the state. The author identifies and classifies prerequisites of treating civil proceed-ings as the public law service rendered to citizens and legal entities (consumers) by the state by virtue of the obligation to protect violated rights that is imposed on the state. The article provides a general description of sociocultural, political, methodological, organizational, theoretical and legal prerequisites that define civil proceedings as the service in terms of electronic state service. Totally new features of the electronic state (e-government) are treated as the sociocultural environment that invokes the emergence and development of a new concept of civil proceedings that is determined by the implementation of contemporary scientific methodology and legal consciousness that have superseded positivism

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Review. The article is devoted to the analysis of international law aspects of protection of marine biodiversity and its main component, namely, Marine Protected Areas (MPAs). The authors propose the international law definition of the MPA. They also analyze the definitions of MPAs set forth in legislation of states. The reasons and grounds for establishing such areas are considered Types of MPAs are considered in more detail. It is noted that at present the following types can be distinguished: marine protected areas, particularly sensitive sea areas; areas of protection of the world cultural heritage, protected areas or areas where special measures need to be taken to conserve biological diversity, marine protected areas per se. The article analyzes the provisions of international treaties, as well as recommendatory acts, that provide for the possibility and necessity of the establishment of MPAs. Much attention is paid to the United Nations' contribution to the development of the institute of MPAs. The large role of the UN Secretary-General in the process of determining the role of MPAs in the conservation of marine living resources and biodiversity is noted. Resolutions of the UN General Assembly are presented and considered. It was noted that particular attention should be paid to the UN Resolution adopted in 2015 «Development of an international legally-binding instrument under the United Nations Convention on the Law of the Sea on the conservation andsustainable use of marine biological diversity of areas beyond national jurisdiction». During the development of a legally binding instrument MPAs establishment problems will be examined. In addition to the United Nations, the activities of other international intergovernmental organizations on various issues concerning MPAs, namely FAO, UNESCO, NEAFC, have been analyzed. The authors give examples of establishing MPAs in the waters under the jurisdiction of a number of countries: Canada, USA, Japan, Mexico and Cuba. National legal acts, in accordance with which such areas have been established, have been determined and analyzed. Special attention is paid to the activities of the CCAMLR aimed at establishing MPAs in the area of regulation of the Convention on the Conservation of Antarctic Marine Living Resources 1980. It is noted that the organization is actively taking various measures to establish such areas. The CCAMLR decisions have been subjected to thorough analysis. As the result of the consideration of problems mentioned above, the authors suggest that an international code on the legal status of MPAs should be developed and adopted.

Review. The institution of complicity in a crime is considered from the standpoint of a two-level organization of the legislative text that determines legislative and textual analysis of constructive peculiarities of the institution of complicity in a crime, its criminal law prescriptions, as well as concept constructs that have been enshrined in the regulatory text. New provisions of the Chapter «Complicity in a Crime» are enunciated in accordance with the author's concept of equivalent responsibility of accomplices and the fundamental legal provisions of textual criticism, which helped to clarify the definition of complicity; make adjustments concerning the types of organizers of a crime; expand the definition of an instigator by means of pointing at wide-spread methods of incitement; enunciate the rules regarding the forms of collective complicity and define the concepts «group of individuals», «group of individuals acting in collusion», «organized criminal group», «criminal community»; to clarify the qualification of the actions of an organizer, instigator and accomplice when the actions of a committer of a crime are incomplete in their nature due to the influence of circumstances beyond his control; propose rules of qualification of the actions of the general subject of the crime who participated in a crime together with the special subject of the crime; enunciate new articles with regard to criminal responsibility of organizers, heads and participants of an organized criminal group and criminal community; rearrange and clarify the regulatory text concerning the excess of the committer of the crime; enunciate new provisions concerning legal consequences of the voluntary refusal of accomplices when the committer refuses to consummate the crime and when there is a refusal on the part of the organizer, instigator or abettor. The theoretical model of the Chapter "Complicity in a crime" is enunciated in accordance with the fundamental provisions of criminal law textual criticism: in particular, initial page on the concept of complicity is supplemented by the element relevant in law under which only individuals subjected to criminal responsibility can be accomplices in the crime. Notes to this article enumerate individuals whose collaboration does not constitute complicity. The new provision concerning responsibility of accomplices is broken down into smaller elements by means of paragraphing and lettering of the drafted provisions. The Chapter on criminal complicity is consistently concluded with the definition of responsibility of accomplices if their actions include voluntary refusal to consummate the crime.

Review. The first definition of forensic investigation team were given in the middle of the twentieth century, and to date they have been transformed slightly. However, at the legislative level, this definition is not found. The criminal investigation by several investigating officer didn't have any legal regulation for a long time. The criminal investigation by a group of investigating officers was first enshrined in Part 3, Art. 129 of the USSR Code of Criminal Procedure in 1961. The Criminal Procedure Code of the Russian Federation regulates criminal investigation by several investigating officers in Art. 163 of the Criminal Procedure Code of the Russian Federation. The article shows the activities of the investigation team when investigating a criminal case through the criminal investigation of the accident at the Sayano-Shushenskaya HPP. We can be sure that the investigation procedure by an investigation team - is a project, only regulated by the criminal procedure legislation. The head of the investigation team as a project manager working for the customer (the head of the investigative body) should remember that his task is to launch an investigation (the project), and to do what he feels necessary to either send the criminal case to court or to take other legal and reasoned decision (complete the project). The head of the investigation team is not only responsible for the final result, personally performed investigative and other procedural actions, but also for the ongoing criminal investigation by the investigating officer. In order to successfully perform their duties, it is necessary to be aware of everything that happens in the course of the investigation. Some part of information is possible to obtain from the investigating officer personally, and some part - from their reports. It is necessary to hold weekly meetings with the members of the investigation team in order to cover the following issues: what kind of work the team members (investigating officers) have performed during the past week, how the implementation of the plan is carried out; what he investigators are going to perform next week and how it corresponds with the approved plan; are there any new issues or risks and is it necessary to make changes into the plan. Such organizational form of the investigation as an investigation team should be used under the circumstances expressly specified in Part. 1, Art. 163 of the Criminal Procedure Code of the Russian Federation. Criminologists also distinguish between certain circumstances when it is possible to recommend the preliminary investigation by the investigation team, namely: the emergence of a large number of versions concerning the perpetrators of the crime and its circumstances, which should be examined simultaneously; the availability of data on similar crimes that took place in different locations which requires an urgent check whether they had been committed by the same persons; the presence of a large number of related offences which are impossible to be investigated separately; the need for simultaneous investigation of crimes committed in a number of large facilities in case it is impossible to single out independent criminal cases; involvement in a criminal case of a big number of defendants who jointly committed one or more offenses; the vastness of the territory in which the investigation to be conducted, if it is impossible to be confined to investigative assignments (individual requirements); public response, the special importance of the offense under investigation; reducing the time of the investigation of the crime. The accumulated positive experience reflects the undoubted effectiveness of investigation of crimes by an investigation team. The benefits associated with participation of several investigating officers in an investigation may include: acceleration of the investigation which leads to the improvement of the quality of the investigation; possibility for effective solution to tactical problems of investigation in conditions that require simultaneous production of a large number of investigations different in nature and complexity.

Review. The article dwells upon the fact that modern period of history is characterized by reorganization of the existing world order, yet another reassessment of values and the search for the meaning of being Russian. This idea is incorporated in the mystery of the birth of the people, it manifests itself in the peculiarities of its historical development. The history of an independent, in particular, the Slavic-Russian people, is not what existed in their life, but what is historization, selected, received some social assessment of significance, what is stored as a historical experience which can affect subsequent developments, other nations, common history The historicization is regarded to be the base for naming, identification of people, definition and saving their future. This brings in a further, in-depth study on the origin and development of the Slavic-Russian people. These people, being a part of and the foundation for general historical process, have given the world culture the idea of spirituality, Orthodox religion, collegiality, righteous government, compulsory labour, conscience, responsibility and sense of being. They gave the Russian idea, based on a particular world view, a consistent religious and moral perception of the spiritual and the material world, characterized by the unity of faith and knowledge, intuition of truth embodied in the concepts of "State truth", "the law of righteousness. " It is noted that the reference to the issues of emergence of Slavic-Russian people is connected with the change of territorial, time and other conditions of life of previous ethnic groups, peoples and their names. The author mentions the changing relations of existing forces, subjectivism, the politicization of the events that are relevant to your own and shared history Actualization is connected with foreign borrowings, a distortion in the process of historization of national history, but not with its objective statement by foreign and national authors. Russian thinkers regarded this as a danger to the life of the people which emerged throughout Russian history At the beginning and at the end of the XX century such dangers, when the Russian people began to lose the meaning of life, their self-awareness and inner world. He tried to find them in the conditions of Soviet Russia. Being aware of the impending danger, he is trying to do it now. Appeal to the origins of the Slavic-Russian people encourage continuing lively debate in the scientific community, the subject of which was and still is issues relating to ethnicity, time, place, the emergence of ways, stages of development, the generic name, the features of existence and role in the historical process. The author raises a question about the fact that Kiev period is an unique and important stage in the development of Old Russian nationality, its statehood and culture. But it is not this period when they begin their historical path and it is not this period which becomes a foundation for the spiritual and moral values and national features of a peculiar type of Slavic-Aryan and Slavic-Russian, Russian, Great Russian, modern Russian people and their state-legal life.

Review. The article considers the history of the Da Qing Gou (Qing Dynasty), the Republic of China, led by the Kuomintang and the People's Republic of China led by the CPC during the period of the "Opium Wars" since the middle of the XIX century to the present day. The article reflects a long and painful way of "The Celestial Empire" from the political and national humiliation to wealth and power From the middle of the XIX century great powers using "gunboat diplomacy" imposed on China a semi-colonial status. This prompted the ruling Qing dynasty to the "self-strengthening movement" by "implementation of Western affairs", and then forced into the promise of constitutional reform. The ineffectiveness of ongoing government reforms led to the radicalization of the opposition movement which later turned into a revolutionary one. Xinhai Revolution in 1911, overthrowing a "strange" Manchurian Qing dynasty, proclaimed the restoration of national statehood and the Chinese republican form of government. For the sake of public consent the first President of the Republic of China Sun Yat-sen ceded his post to General Yuan Shikai, who was backed by military elite. The young Republic of China was threatened by both a restoration attempts of Qing dynasty's supporters and the imperial ambitions of the President Yuan Shikai, and then by high-handedness of the generals - "warlords" who ignored the weak central government. Kuomintang party founded by Sun Yat-sen threw its weight in defense of the republic by creating a temporary "united front" with the Communist Party of China. Under the influence of the Soviet experience of party building both the KMT and CPC turned into authoritarian parties designed to lead the state and military forces. Created by Sun Yat-sen theory of "political tutelage" was included in the KMT's ideological arsenal and practices, and then was secretly borrowed by CPC. Successful completion of the "Northern Expedition" 1926 - 1928 saved the Republic of China and gave rise to a ten-year "party rule" of the Kuomintang. The political practice of "Nanjing Decade" led to the merging of the Party, military and state apparatus, which is typical of the subsequent periods of the Chinese history. The break of Kuomintang alliance with the CPC and the repressions against the communists initiated the Civil War of 1927 -1936. It was the war with Japan which forced the political rivals into the temporary re-establishment of the "united front. " The Civil War resumed in 1946 led to the victory of the CPC and the establishment of the People's Republic of China. The paper analyzes in detail the main stages and the most important events of the political development of China and its constitutional design

Review. The article offers an analysis of the historical development of forms of participation of the victim (plaintiff) and his representative in the domestic criminal proceedings since ancient times (from the Russian Justice) and up to the judicial reform by Great Emperor Alexander II in 1864. The study aims to identify trends and historical continuity in the regulation of procedural status of the victim (plaintiff) and his representative, as well as depending on the procedural status of the victim from that adopted in a particular historical period form of court procedure. The study was conducted using a comparative legal and historical methods based on the analysis of a wide range of historical and legal acts - international legal instruments Russia, Russian Justice, Codes of Justice of 1497 and 1550's, the Council Code of 1649, Code of the Laws of the Russian Empire and others. It is concluded that the procedural status of the victim in a given period of development of the Russian state and law was most impacted by the adopted form of court procedure, that is, in the final analysis, the ratio of public and private bases with the administration of justice. If initially the course of the entire process fully depended on the will and discretion of the victim (the plaintiff), with the strengthening of the state, which, in that period, inevitably led to increased political oppression of personality, there emerges and develops a detective (inquisitorial) order, which makes the victim lose are any chances to influence the course of events.

Review. The article introduces the basic concepts of system theory of law by Niklas Luhmann, such as communication, autopoiesis, normative expectations, legal / illegal code, the paradox of the legal system, the formula of uncertainty, and also suggests a critical analysis of the provisions of the system theory backed by the position of V.S. Nersesyants and lu. Habermas. N . Luhmann's consideration of communications through the prism of public relations reflects the subordination of human heartless logic of social systems in modern society. The fundamental paradox, which was noted by N. Luhmann, regarding the legal system turns into the dependence of law from political powers, which indicates the failure of the internal search system-forming factor of the legal system. The positivist approach threatens the systematicy of rules. The proposed by system theory understanding of justice does not help self-development of the legal system. The legal system has no purpose, human rights are considered from instrumental point of view as a means of smooth self-reproduction of social systems. In this approach, the further development of human rights for the sake of ensuring a decent standard of living seems undesirable distortion. Legal opinions of N. Luhmann express the crisis of modern society, where the right is gradually losing its relevance to everyday life. The main drawback of the Luhmann's system theory of law consists in reducing standards to the fact in a sociological way. Libertarian legal theory of V.S. Nersesyants seems more consistent application of the system approach to the study of law which overcomes the paradox of legal system due to the proper interpretation of regulations, thus solving the problem of self-justification of law. A legal rule can not be a fact because it is a theoretical model of positive law. Libertarian legal theory understands the legal norm not in the logical sense of the normative statements with a bunch of "should", but in a legal sense as a special form of obligation other than the structure of "if... then ... else ... " (hypothesis, disposition and sanction). Here, the positive law as a whole is conceptualized as one legal norm. This allows you to make system rules defined as a regulatory ideal, revealing the importance of the principle of formal equality as the backbone of the internal factors of the legal system

Review. The article analyzes the scientific heritage of the outstanding representative of the Moscow finance law school Paul Haensel. His research has not lost relevance both in terms of content and methodology of financial and legal research. The study of Haensel on municipal (local) tax, land and door taxes, municipal fees, progressive inheritance tax are of great inter- est to our contemporaries. The fact that the legal reforms of the domestic tax system have raised on the agenda concerns about local real tax, special local taxes (parafiscal charges), tax on inheritances, quite unreasonably and hastily expelled from our tax system. Paul Haensel, being an adherent of the sociological trend of Fiscal Science, was far from being an "office" scientist;he was a researcher taking best efforts to implement his ideas into legislative practice. The article also presents the biography of the scientist. Biographies of prominent Russian lawyers are interesting and instructive in itself. They allow you to better understand and evaluate the scientific heritage of the scientists.