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No 6 (2016)

THEORETICAL PROBLEMS OF BRANCHES OF LAW

10-25 883
Abstract
The article deals with legal issues of enforcing rights of ownership and sovereignty of the Russian Federation over its mineral and other natural resources for the purpose of implementing legitimate interests of the population, present and future generations for their future well-being, prosperity and decent life proclaimed in the Russian Constitution, the constitutions and laws of most countries. In the author's opinion, the aggravation of the energy situation in the world leads to the discussion of legal issues concerning the implementation of the rights of ownership and sovereignty of the Russian Federation over its mineral and other natural resources for the purpose of enforcing legitimate interests of the population, present and future generations for their future well-being, prosperity and decent life and the formation of social welfare and rule-of-law states proclaimed in the Russian Constitution, the constitutions and laws of most countries. The state sovereignty formation over its natural resources begins with the main principles of environmental protection being declared, defined and enshrined in domestic law. These principles reflect sustainable development (the balance between economy and improvement of environment), the combination of rational use and preservation of a natural resource and its part within the boundaries of the territories (for example, the combination of a watershed principle and administrative-territorial principle) and the whole country, separation of management functions in the sphere of exploiting and preserving natural resources and functions of their commercial use, which can contribute to the prevention of environment degradation as a whole. The author believes that ecologization in the course of which economic and environmental relations are determined and regulated is facing with conflicts because economic benefit and natural resources exploitation often prevail in the minds of many citizens; relations between the society and nature lead to the perception of economy as a means of supporting the life of present and future generations rather than the objective of development Ecologized legislation is aimed at balancing current economic and environmental priorities The paper proves that the perspectives of further strengthening of sovereignty and development of Russia cannot but assume further improvement of legislation on forecasting, strategic planning, increase in the scale of preliminary evaluation of major projects, namely, key, "benchmark" and starting points of modernization of economic and social life as a whole.
26-47 1424
Abstract
Based on the provisions of the theory of public law and taking into consideration the specific character of nature as a public good, the article provides a theoretical justification of separating ecological responsibility as an independent type of legal responsibility. The article demonstrates that at the present stage of legislation development the institute of legal responsibility, including the responsibility with regard to the sphere of cooperation and nature, has acquired an intensive and, to a large extent, progressive development The author believes that despite separating environmental (nature protection) responsibility for environmental offenses the sanctions are applied that are provided for by conventional branches, namely, administrative, civil, criminal, disciplinary. The author does not provide us with the legal definition of the legal content of ecological (environmental) responsibility. Nature restoration is also regulated by civil law and is carried out within the framework of civil responsibility The author demonstrates that the essential elements and features of civil responsibility are that civil responsibility is applied on the basic of the rules of civil law legislation, imposed on the participant of the civil law relations due to his infringement of rights and legal interests of another person, non-performance or improper performance of his duties under civil law or the contract Environmental interests and the interests of maintaining favorable environment and environmental well-being are mostly public rather than private in nature and, accordingly, are not protected by civil law. Recognition of ecological responsibility aimed, primarily, at environmental damage recovery as a kind of legal responsibility will serve as a strong impetus for both providing compensation for such damage and achieving a long-term goal, namely, the creation of favorable conditions for social and economic development Economists claim that if we do not increase investments in solving ecological problems now, in the future they will cost us mich more.
48-60 582
Abstract
Based on the provisions of the theory of public law and taking into consideration the specific character of nature as a public good, the article provides a theoretical justification of separating ecological responsibility as an independent type of legal responsibility. The author proves that peculiarities of a certain environmental conflict and their combination (proneness to environmental conflict) are the reasons and criteria of incurring deferent legal effects. He also considers that an opportunity to apply environmental legislation to influence an environmental conflict essentially constitutes the criterion for recognizing the conflict as legal and, consequently, environmental and legal. The author demonstrates the necessity of legal regulation of ecological and legal conflicts. It is determined by given characteristics of environmental conflicts and proneness to environmental conflicts that have already been described in environment law literature and that have been developed as a result of current research. In the author's opinion, the social practice and the nature of law convincingly prove the necessity to employ legal means (in the broad sense of this word) to resolve environmental conflicts in the public interest. It is well known that the objective of the structure of any legal system to regulate relations and, therefore, to prevent potential and resolve existing conflicts is the most important. The article identifies the elements of the system that settle environmental conflicts. They form the General and Special Part and they can be enumerated as follows. The General Part might include a number of separate institutions or groups of legal prescriptions and instructions related to all types of environmental conflicts. The Special Part provides for regulations governing mechanisms, i. e. procedures of resolving individual environmental conflicts separated for various reasons. The author believes that now it would be inappropriate to amend the existing legislation as, with regard to the regulation of environmental conflicts, these issues have not been properly discussed yet. However, the time is ripe for, first, identifying, on the basis of a thorough discussion, the need to adopt regulations governing the settlement of environmental conflicts in accordance with the law, and, then, to implement a certain sequence of their development starting with theoretical analysis and proceeding to drafting new laws.
61-81 842
Abstract
The article is devoted to theoretical issues of providing legal support for environmental protection and ensuring ecological safety during the exploitation of subsoil natural resources. The scientific novelty of the article is based on the fact that the author implementing the results of the existing legislation analysis identifies theoretical peculiarities of environmental protection during the exploitation of subsoil natural resources as a specific type of environmental protection activities. The peculiarities of these activities are conditioned by the complex nature of respective legal relationships that are manifested in: 1) the peculiarities of a natural object subject to protection; 2) specific legislative requirements applied to the content of the specific project documentation for exploiting natural resources and to the entity entitled to using mineral resources; 3) specific order of assigning subsoil plots for use; 4) specific nature of environmental protection measures provided for by effective legislation. On the basis of examining the most problematic theoretical aspects of the concept of "safety" and analyzing the interrelation between ecological safety with other types of safety, the author reveals the specific nature of providing environmental safety when exploiting natural resources that is caused by potentially hazardous environmental activities of manufacturing facilities connected with the natural resources use for environment and human health. The author defines the concept of an environmentally hazardous activity, classifies this activity in accordance with possible negative consequences for the environment and human health, proves the necessity to introduce supplementary indexes that are to determine the order of referring manufacturing facilities that deal with natural resources use to a certain class of hazard, and justifies the necessity of including the requirements in the sphere of providing ecological safety when using mineral resources in the documentation of state strategic planning.
82-90 673
Abstract
The article considers a wide range of problems existing in the area of public administration of environmental protection that have systematic nature. To such problems the author refers the following: inconsistency of the activity of government authorities in implementation of public policy by means of public administration, changes in the objectives of public policy and management in the area of environmental protection that more and more often involve the issues of economic efficiency of activities of a state, disregard for changes of the essence of ecological function that develops together with the development of the society The author enumerates approaches aimed at reconsidering the named problems and amendments to the content of the state activity It is shown that the problem of defining the purposes is a systematic problem of improvement of public administration in the area of environmental protection. This problem is closely connected with an administrative reform that is continuing in the state. The task of the latter is to increase state efficiency In addition, after not the best administrative reforms have been carried out in foreign states that implement a so-called concept of a new state management, the efficiency of a state will be changed by economic means, namely, economic efficiency of the state activity and state authorities. Hence, the public services, the range, the quantity and the quality of which can be measured in monetary terms The author identifies a systematic problem that is caused by the issue of the content of the environmental function of the state being still unsolved. As public administration in the area of environmental protection is the main way of implementing the environmental function of the state, the content of the latter predetermines the limits of the state influence on environmental relations (environmental area). The author considers to be important the issue whether the environmental function of the state covers all social environmental relations
91-102 667
Abstract
The author elucidates the key terms of water law, namely, a water entity and water fund, in the context of different relations. The author reveals the interrelation of these terms with the term of immovable property, and water management system, considers these terms through the prism of state observation, registration and zoning of the water fund. Water public facilities have not escaped the author's attention. The following methods of scientific research are applied: historical, comparative analysis and extrapolation. The experience of the countries of the EU (the Netherlands) and Japan is presented. The Water Fund of Russia is notjust the foundation of water management, but also the permanent basis of the economy The reduction of the quality and the quantity of water resources will inevitably destructively affect the life of the Russian society The article has ramified internal structure expressed in subheadings. The author defines the problem. The author subjects to criticism the provisions of the soviet and then Russian legislation. The emphasis is placed on the Water Codes of 1995 and 2006. The classification of water objects significant for the legal science is also of primary importance for the author. Under Article 5 of the Water Code of the RF water objects have a complicated gradation depending on peculiarities of the mode of use, physical and geographical, morphometric peculiarities. For the purposes of this paper it is necessary to divide water objects into surface and underground water objects. In accordance with Article 5 of the Water Code of the Russian Federation "a surface water object" involves not only water masses but also land covered by them within the waterline. In this case we deal with compulsory features of surface water objects, namely, coupling of water and land. With this regard the author interprets a complex issue concerning whether surface water objects contain immovable property The paper examines the importance of monitoring and registration of water objects in a special water management system register, considers the issues of hydrographic zoning and water system documentation. The author draws the reader's attention to an important peculiarity of Russia: a lot of water objects are not involved or have very little involvement into the water system administration. For example, a lot of Siberian Rivers are not involved of the water management system of Russia and form the reserve of water resources development. Meanwhile, not having any legitimate users (registered in the water registry) these water objects are often subjected to the negative influence caused by incidental users.

ECONOMICS AND LAW

103-118 719
Abstract
The paper analyzes views of economists and lawyers concerning the necessity of state regulation of agriculture, examines different concepts, provides a specific more precise definition of this category that is referred to as the combination of organizational, economic and other ways of exerting impacts on behalf of the state upon agricultural relations by means of state regulation for the purpose of implementing a state agricultural and economic policy thereby treating this category as economic one. Meanwhile, by the method of state regulation of agricultural relations the author understands the combination of economic tools by means of which the state influences the subjects of agriculture. The author suggests that the classification of the methods of state regulation needs more precise definition. He specifies, first, static methods of state regulation of agriculture that determine the conditions under which the subjects of agriculture operate and that provide for "administrative" and "economic" barriers that an agricultural subject has to overcome; second, dynamic methods that affect proprietary interests of agricultural entities of agricultural relations by means of state-supported mechanisms of economic relations. The author also suggests that a "method of state regulation of agricultural relations" as an economic institution the legal foundation of which forms an economic and legal institution should be treated as the institution of liabilities. This will allo w distinguishing the named categories from the long-established concept in legal sciences, namely, "the legal institution", as one element of the classification (a branch, a sub-branch, an institute, a sub-institute, a rule of law). The author justifies that "legal enforcement" of a proprietary interest of agricultural entities applied during the process of state regulation of agricultural entities: first, allocates a proprietary interest of entities involved in agricultural relations by means of determining an obligation, second, regulates this interest supplementing it by other elements of legal regulation. Legal enforcement means the expression of a regulatory function of law with regard to property interests of agricultural entities.

NOVUS LEX

119-131 429
Abstract
The most recent amendments to land and environmental legislations connected with exempting therapeutic and health areas and resorts from the list of Protected Areas have significantly diminished the legal regime of their regulation. Recent legislative initiatives developed in the absence of an official concept (strategy) of a state policy of resort business development and without taking into account the importance of these areas will result in significant deterioration of their protection and safety. The Resorts Classification Abandonment will lead to abolishing the existing legislative and regulatory basis in this sphere of regional and municipal regulation. To increase the efficiency of exploiting resort areas in Russia and to provide their protection and safety it is necessary to improve legal regulation of the whole complex of social relations in the resort sphere that should be based on scientifically grounded concept-oriented foundations and, in the first place, on the provisions of sustainable development This is significantly important to provide sustainable development of therapeutic and health areas and resorts that is aimed at achieving the balance and reconciliation of mainly adverse economic, social and environmental interests and requirements that also take into account climate and natural peculiarities of these areas. The most promising for therapeutic and health areas and resorts is a landscape approach, because these areas are mainly unique landscapes with therapeutic natural resources. Despite the fact that in the Russian Federation there is no any landscape legislation, the application of the landscape approach as a means of territorial planning for the development of such areas is of special importance because it allows to, first, evaluate the area in accordance with its features and the condition of the landscape and, then, to make development and other decisions. The ecosystem approach developed within the framework of the doctrine of environmental law is not less important for improving legislation with regard to exploitation and protection of natural therapeutic resources, therapeutic and health areas and resorts. The improvement of legal regulation of relations in this sphere on the basis of these fundamental approaches should be implemented by means of a package principle of social legislation development with regard to therapeutic and health areas and resorts in accordance with the rules of related legislation, namely, sanitary epidemiological legislation, urban planning legislation and other branches of law
132-145 1474
Abstract
The article is devoted to theoretical and practical issues of Russian land legislation in the modern period, the identification and analysis of the main trends of its further development. The significance of research results from an ongoing reform of the legal regulation of land relations in the Russian Federation. This is evidenced by the adoption of a number of federal laws, which have led to significant changes in the Land Code and related legislation, with the Federal Law of 23 June 2014 No 171-FZ "On amendments to the Land Code of the Russian Federation and certain legislative acts of the Russian Federation" being of particular importance. The article analyzes the main novels of the Act in terms of identification and assessment of emerging trends in the further development of land legislation. The author turns to a discussion of the relationship between land and civil law in the regulation of land and property relations, joining the criticism of the Concept of development of civil law in this part and giving negative assessment of the changes in the legal regulation of limited interest in land (the right of permanent (perpetual) use and the right of lifetime inheritable possession) in the Land and Civil codes of the Russian Federation. The author shows that the current reform of land legislation takes place in the absence of his scientific concept of development, which leads to a serving role of the land legislation in relation to the adjacent, first of all, civil, and urban development sectors. The article considers the relationship between the current reform of the land law and related legislation with the directions of the state policy on the use of the land fund of the Russian Federation. Special emphasis is given to the upcoming transition from dividing land into categories to territorial zoning, and the most controversial issues of this approach. The author analyzes the major innovations in the order of allocation of state and municipal property land plots to citizens and legal entities, and marks positive and negative aspects of the changes.

ЗАКОНОДАТЕЛЬНАЯ ТЕХНИКА

146-157 527
Abstract
In the article the author turns to a discussion of possibilities of using such a technical device of improving environmental legislation such as specification of the law. Attention is given to the peculiarities of the legal regulation of environmental relations, which require consideration of the natural-scientific, technical and socio-economic knowledge. Objectively existing in some cases, the uncertainty and inaccuracy of this knowledge can lead to such a negative phenomenon as the uncertainty of the legal norms and, thus, are able to reduce the overall efficiency of legal regulation. Legal uncertainty is the case today with respect to climate change, biodiversity, and sustainable development The conclusions are confirmed by the examples of legislative regulation in these areas, as well as reputable environmental lawyers' opinions on this matter. There is no unique solution to the problem. Based on the achievements of general theory of law, the author offers the possibility of eliminating the legal uncertainty of environmental law, using the method of specification. However, this method requires the use of a flexible application. In some cases, the uncertainty of the rules is defective and needs to be eliminated. In others, taking into account the scientific, political and economic uncertainties concerning the decision of certain ethological problems we should support the so called positive uncertainty, gradually specifying abstract legal rules.

ЭКОЛОГИЧЕСКАЯ БЕЗОПАСНОСТЬ

158-169 628
Abstract
The article gives a detailed analysis of international and national action control in emergency situations of natural and man-made disasters and elimination of their consequences, establishment of a legal mechanism for the protection of persons affected and displaced from areas environmentally dangerous to human life and health, and attempts to introduce legal environmental migration management as an element to ensure the environmental safety of the population. Primarily, the conducted analysis deals with the largest environmental disasters such as the Chernobyl and Japanese "Fukushima - 1", the largest environmental disaster that has befallen the areas adjacent to the Aral Sea. In this regard, in the case of long-term stabilization of the ecological situation in the area, the issue of human security and its vital interests, the right to a healthy environment, the issue of environmental safety can be resolved only by moving him, either foreced or voluntary, to the areas with more favorable conditions of habitat Accordingly, the article considers the need to establish a legal mechanism of environmental migration management as an integral part of human security system with a sharp deterioration o the ecological situation resulting from natural disasters and major accidents either man-made or as a result of unreasonable, agricultural human activities, inalienable human and civil rights to a healthy environment as an element of establishing environmental safety in a particular area. The author draws a conclusion about the necessity and timeliness of consolidation of human and civil rights in the Russian Federation, arising from the need to ensure environmental safety and is an integral part of the right to a healthy environment - human and civil right to human and civil right for protection from harmful effects of environmental disasters and their consequences and, therefore, the human and civil right for migration from regions with adverse environmental conditions (environmental migration).

ГОСУДАРСТВЕННОЕ УПРАВЛЕНИЕ И ЭКОЛОГИЧЕСКАЯ БЕЗОПАСНОСТЬ

170-183 611
Abstract
The article is devoted to contemporary problems of legal regulation of environmental safety. The problems of public policy, the implementation of state and federal target programs, regulating the issues of environmental safety are considered. The author deals with the system of state strategic planning and forecasting as a tool for formation of long-term priorities of state activity, the implementation of global and large-scale tasks, ensuring consistency of controls plans, coordination between the decisions made during the state strategic management and budgetary constraints in the medium and long term. The authors argue that the environmental, natural and man-made emergencies are a push for the revision of the principles and the state of crisis management mechanisms. It is necessary to distinguish between environmental security, environmental policy, environment protection and rational natural resource use. The forward-looking strategic documents of these concepts also vary, although there are many similarities between them. Environmental protection and ecological safety are the proper object of regulation, but they are very closely related. Until recently, it was an evident desire of all government entities at all levels of government to develop and adopt their own "concept", "strategy", "forecast", "Master plans" and numerous other documents are "strategic" nature. Apparently, the demand for them was a manifestation of the acute need for understanding and defining the essence of modern management. Market forces, market mechanisms as the management tools are not perceived by the subjects of public administration as the most efficient and adequate. The analysis conducted in the article showed that at present the country has formed the legal basis for the design, construction and operation of an integrated system of state strategic planning in the field of socio-economic development and ensuring Russia's national security, which allows to solve the problem of increasing the quality of life of the Russian growth the economy and the country's security Using the mechanism of strategic planning in order to ensure the environmental safety will allow us to create conditions for achieving socio-economic development and national security of the Russian Federation in accordance with the long-term and medium-term priorities of state policy

COMPARATIVE LEGAL STUDIES

184-202 436
Abstract
The article is devoted to the analysis of historical features of formation of land tenure systems in the Maghreb. It is shown that in the historical aspect, the land tenure system in the Maghreb has undergone changes. They depended on the kind of civilization existing in these countries, and were influenced by religious factors and colonial rule. The author considers the legal aspects of land tenure issues in the Democratic Republic of Algeria, Libya, the Kingdom of Morocco, the Republic of Tunisia, the Islamic Republic of Mauritania. The article shows that the pre-colonial Algeria was largely peasant society, the land formed the basis of property relations. According to legal and customary rights the tenure were divided into six different categories: mulk, arsh or sabega, habus, beylik orazel, mokhzen and muwat. The legal system of Libya has been formed under the influence of Ottoman law, French, Italian civil law, the Egyptian Civil Code and, in addition, the rules of Islamic law and customary law are used. During the period of Ottoman rule in Tripolitania, Cyrenaica and Fezzani - historic regions of Libya, there were various types of land tenure. There existed five main types of land possession in Morroco. The distribution of land in Morocco after independence depended mainly on political events in the country Tunisia was the first country in the Maghreb, which implemented Western-style reforms, because it was subjected to foreign influences

ENFORCEMENT MATTER

203-211 498
Abstract
The article deals with the problem of implementation of the principles of land law, providing security of tenure in the provision or use of land for the works related to the use of subsoil. It is proved that legal institutions of land and the seizure of land for state or municipal needs are interelated. The urgency of ensuring security of tenure is linked to the existence of a huge amount of land, which have not passed the state cadastral registration, or which, by operation of law, are deemed previously recorded, but the boundaries are not set according to the current legislation, including the cases when the information about the coordinates of the characteristic points of their borders are not recorded in the State Real Estate Cadastre state and the land plots which lack the data concerning reference to the lands of a particular category. The attention is focused on the identification of holders of land with real property located thereon, the rights for which may be affected, with a permit to use the land without providing it, and easement for works related to subsoil use, in connection with the inclusion of the Land Code Russian new chapters V. 1-V. 6 and VII. 1. The new rules of the Land Code of the Russian Federation with regard to the protection of rights to land plots in private property, allow us to look at the norms of Art. 214, paragrapg 2 of the Civil Code and Art. 16, paragraph 1 of the Land Code of the Russian Federation on the state ownership of land in the formation and disposal of land plots whose state ownership is not delimited, as well as in the event of disputes about the boundaries of land plots owned by the Russian Federation, the constituent unit of the Russian Federation or in the municipal ownership. The article shows the imbalance of public and private interests in the new rules of the land legislation, providing the establishment of easement for conducting works related to subsoil use, or the use of land owned by the state or municipal property, without provision of land and easement.

ПРОДОВОЛЬСТВЕННАЯ БЕЗОПАСНОСТЬ

212-224 555
Abstract
The article examines the domestic and international legal acts, reveals the problems of formation of the effective mechanism of legal regulation to ensure food security of the Russian Federation. It was found that the problems of agro-industrial complex should be identified in a comprehensive and considered manner during the development and implementation of state programs for the development of agriculture, with the elimination of all obstacles hindering the production, processing and distribution of food. The author reveals the gaps in legislation to neutralize internal and external threats to Russia's real food security such as: a sharp rise in food prices; filling the market with imported products; excessive demand of the population; reduction in the volume of per capita consumption; violation of standards of quality and safety of food products; increase food self-sufficiency of regions. It was determined that the determination of legal problems of regulation measures in the field of food security, legal means of neutralizing the threat to food security should be considered as a factor in the normative legal maintain national security in its internal and external condition. Th article elicits the vital interests of the individual society and the state: availability of sufficient food resources; economic and physical access to food; quality and safety of food supplied to the market. The basic reasons for the relatively slow development of the agricultural sector are analysed: the slow pace of structural and technological modernization of the sector; renewal of fixed production assets; skills shortages caused by low levels and quality of life in rural areas; lack of legal certainty about the circulation of agricultural land; reducing the most valuable arable land; withdrawal of land from agricultural use; growth of debt of agricultural producers; lack of funds for technical and technological modernization of agricultural production. Taking into account the requirements of the WTO it is recommended that the Customs Union EAEC should adjust the internal and foreign policy of the state in the field of agro-industrial complex in order to ensure uninterrupted food of the population. It is also necessary to make amendments to the federal laws "On agricultural development", "On quality and food safety," to develop and adopt the Federal Law "On Food Security of the Russian Federation. " The author states that it is necessary to consider the possibility of introducing changes and amendments to the Customs and Tax Codes of the Russian Federation with a view to the application of tariff quotas for goods coming from other countries.

DISCUSSION PANEL / PRO ET CONTRA

225-233 527
Abstract
In the «Lex Russica» journal (2015, number 6) there was a review of the monograph "The socio-cultural anthropology of law: multi-authored monograph", which I have co-edited and co-authored. Considering the critical remarks, it is important to formulate perspectives and partially solved problems of socio-cultural anthropology of law as a scientific research program. The reviewers point out that the important question of the role of objective interests of individuals and social groups as well as the majority of the population is poorly considered; moreover, the authors of the book actually ignore objective (independent of the will of the people and their mentality) influencing factors involved in the formation of the rule of law. However, the objectivity of the social sciences from the standpoint of post-classical (postnonclassical) epistemology is different from the classic design of scientific objectivity, formed by the natural sciences in that it is inherently intersubjective. It does not deny objectivity, but makes us rethink it: it is constructed by people their social representations, mediated by historical and socio-cultural context. Intersubjectivity indicates that law is a social phenomenon, both mediating and also including interpersonal interaction. Objectivity of legal doctrine is a social idea, internalized into a sense of justice of an individual and reproduced by their practices. Legal culture as a landmark mediation law, fulfilling one of its most important functions - source of law making, gives the legal significance to social events and processes. Interests are included in the legal typification of legal and everyday practices and are a part of the motivation of people - carriers of the status of a subject of law. People are guided by individual motives of conduct, satisfy relevant needs, relating them with legal expectations - the expectations of appropriate behavior on the part of the counterparty in the interaction and the requirements of the law. In the everyday legal routine a person is guided mainly by three main motives, which are in a difficult intersection and often complement each other: strengthening of personal social significance (e. g. career); increase utility maximization (personal use); ensure the stability of the existence (load reduction, increase predictability, conformity) with regard to the correlation with possible, necessary or prohibited conduct stipulated in the rule of law and the specific life situation.
234-241 562
Abstract
The article analyzes the modern development of the budget law as a sub-sector of financial law, based on the principle of social orientation of financial and legal regulation. The author elicits and examines the factors that contribute to the achievement of social orientation of the budget law. The initial one is considered the implementation of socially oriented fiscal and regulatory policy; a study of its main directions in contemporary realities is conducted. The social orientation of the development of the budget law also contributes to the realization of the principles of law and the principles of the welfare state. In particular, in this context, we study the principles of justice and equality. We should also include the balance of the public and private interests in the implementation of fiscal and legal regulation. The last factor is considered in view of the application of anthropo-sociocultural approach in financial law. The analysis of the Russian fiscal and legal policy in modern conditions allows us to conclude that there is some correspondence between its individual aspects and some principles of the welfare state and the principles applicable in the budget law. At the same time the issues of formation and implementation of socially oriented fiscal and legal policies require further scientific research and practical application. The directions to achieve the above policy are suggested. First, a fair distribution of funds of state and local budgets, including those between the different sectors of the economy, the spheres of public administration, public legal education is necessary. Secondly, it is important to stimulate the subjects of budget and other legal responsibility, and therefore, socially significant behavior. Third, the extensive use of fiscal and legal incentives of social orientation, requiring a consistent legislative improvement should be implemented These incentives should include, for example, inter-budget subsidies, subsidies to individuals and legal entities, budget credits, maternal (family) capital. Fourth, further keeping the budget legislation of social factors is required. The author proposes entrenchment of the Budget Code of the Russian Federation requirements of compulsory financing of expenditure commitments in the social sphere (social obligation) in its entirety. In addition, it is advisable to reconstruct the concept of protected items, which should also include social spending, in the structure of budgetary expenditures of the budget legislation

SCIENTIFIC LIFE

242-246 431
Abstract
The review of the scientific-practical conference "Current problems of implementation of the state anti-drug policy strategy", held on March 3, 2016 at the Kutafin Moscow State Law University (MSAL), covers the main issues discussed by its members: new drug threat; international cooperation in combating drug trafficking; improvement of the so-called anti-drug legislation; improving the efficiency of the National Integrated System of rehabilitation and re-socialization of drug users; Substance Abuse Treatment; public-private partnership as the basis of a system of complex rehabilitation and re-socialization of drug addicts and others.


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ISSN 1729-5920 (Print)
ISSN 2686-7869 (Online)