The paper analyses the issues of legal regulation that amounts to one of the fundamental categories of the general theory of law. Changes that have been taking place in Russia over the past two decades in different spheres of social life in general and in the sphere of state government and law in particular, and the needs of modern judicial practice constituting the challenges that the legal science must accept, determine the necessity to reconsider certain provisions of the theory of legal regulation. In addition, the change of scientific paradigm at the end of the 20th century in social sciences and humanities resulted in reconsideration of methodological repertoire of both the general theory of law and branches of law. The author addresses a number of methodological approaches (systematic, tiered, interdisciplinary, activity) employed in studying legal regulation. When studying legal phenomena and procedures (in particular, the mechanism of legal regulation, rights implementation, legal awareness, functions of law, a system of law, etc. ) some authors use methodological tools of the tiered approach. The author draws a conclusion with regard to the usefulness of studying different types of legal regulation that allows studying them as unique "levels" of its structural organization. Law regulation activity is being carried out at two main levels: unilateral state authority and independent (contractual), when each of the levels has qualitative uniqueness of subjects, objects and regulatory activity Some scholars justify heuristic capabilities of the interdisciplinary approach. Despite ambiguity of interpretations (by virtue of a semantic term potential in social sciences and humanities) in the scientific repertoire of jurisprudence, multidisciplinary (more precisely, interdisciplinary) nature of legal regulation is obvious, which allows to employ it, for example, to determine peculiarities of contractual regulation of private law and public law relations. The analysis of methodological approaches used to study how certain aspects of legal regulation (object, method, mechanism, etc.), and to carry out an integrated examination of legal regulation allows to draw a conclusion about usefulness of the activity approach in understanding the phenomenon of the state legal reality. The activity approach encourages systematization of fragmentary awareness of the legal regulation activity, reveals new facets of legal regulation, as well as to address a number of practical tasks within the scope of the law.

This article analyzes the concept of prompt measures of protection in contractual relations as the measures of a non-jurisdictional form of protection, namely: self-protection. As an independent legal phenomenon the concept of "measures of prompt effect" that is different from the concept of "self-protection of a right" is meaningless, since private law now allows for self-protection of civil rights by means of providing a tremendous opportunity for applying measures of preventing civil rights violations by means of self-protection (Article 14 of the Civil Code of the Russian Federation). Self-defense acquires features of a wider form of non-jurisdictional protection of rights that must be disclosed in more detail by the legislator and cover the ability to apply some measures of protection restorative in nature. The phenomenon of self-protection of civil rights in modern private law is much broader than permitted in criminal law measures of the necessary self-defense and protection in extreme need and includes measures of self-help in non-contractual matters and prompt measures of protection in contractual relations thus establishing the concept of unilateral remedial actions in private law. The paper evaluates legal and factual elements in the concept of measures of prompt effect (unilateral remedial action in contractual relations). Unilateral remedial measures in civil legal relations manifest factual and legal aspects, they are applied by the injured participants as factual, i.e. in accordance with the internal (subjective) assessment of a specific situation and with regard to the fact of the violation of rights, but at the same time they may cause legal consequences, namely, changes in the structure of rights and obligations of the parties to the legal relation. The author considers the nature of legal validity of operative measures in a contractual legal relation and suggests that they can be classified in accordance with their influence on the structure of a legal relation: measures that radically transform the structure of the relationship or terminate it and measures that ensure the performance of the obligation. All rights protection measures in various civil legal relations implement certain legal consequences. They can hardly be divided and allocated in an independent legal concept, i. e. we face with an implementation of the right to protection (self-protection) of an existing legal right of a person in an autonomous unilateral order. The author examines the interrelation of the concept of operative measures with the concept of secondary (accessory) rights. He also criticizes the allocation of independent legal relations in each case of implementation of rights protection (self-protection) and secondary rights (entitlements).

The premise that rules of law contain moral rules or reflect them amounts to conventional wisdom. A certain social and legal mechanism exists to ensure the implementation of moral rules in another, in particular, in a legal system. All branches of law are pervaded with moral content; this process and its effect are especially important for criminal law because it is criminal law that significantly affects rights and freedoms of citizens. Without prejudging the priority of morality over law or law over morality, but on the basis of the parities of their importance in ensuring world order and the rule of law, the author argues that the interrelation of morality and law takes place at the structural level. The value of such an interaction is based on qualitative improvement of the criminal law. The purpose of the article is describing the mechanism of reflecting moral rules in criminal law. To achieve this purpose the following tasks need to be performed: 1) to define the particularities of interaction between moral rules and criminal law in the process of the development of the latter; 2) to understand the influence of moral rules on the content of the criminal law rules in the modern period at the stage of criminal law creation, when the autonomy of morality and law does not require justification. The result of both processes is the transformation of moral rules into criminal law rules, their perception by the legislator, and implementation in criminal law, i.e. legitimating. On the assumption that morality is a multilevel and structured institution, inevitable questions arise: what level of generalization a moral norm needs for the legislator to take it as a model or as a pattern, a meaningful component of criminal law rules; what structural element of morality is transformed into criminal law rule, etc. Promising is the study of an inverse relationship (criminal law - morality). This is the "pendulum" movement: "morality - law - law - morality" reveals numerous paradoxes, contradictions that represent a momentum generating this movement.

The theoretical model (TM) of the Chapter "Causing Damage in Exceptional Situations" was developed in accordance with the legislative and textological approach taking into account the author's concept of the elements of causing damage eligibly in exceptional situations. The normative text of the Chapter TM of the Criminal Code based on a new conceptual approach has a number of structural features in comparison with the criminal law provisions enshrined in Chapter 8 of the Criminal Code of the RF: the text of the Chapter TM is structurally organized owing to presentation of provisions of the institute of damage infliction in the form of two parts - the first parts of articles identify the elements of legitimate damage infliction to the interests protected by law, the second parts contain provisions providing for responsibility for excess; unified elements of legitimate damage infliction act as structural elements of drafted amendments; the provision on necessary defense against attack that is not life-threatening contains an element that clarifies the explicitness of inconsistencies between defense measures and the gravity of intrusion; the author enunciates a note that contains a definition of exceptional situations, enumerates their types, provides the definition of non-punishable excess, envisages applicability of provisions on necessary defense and detention of an offender for individuals who have not attained the age of criminal responsibility and individuals with mental disorders excluding sanity; in order to achieve consistency between provisions of the General Part (Articles 37, 38 of the Criminal Code of the RF) and the Special Part (Articles 108,114 of the Criminal Code of the RF) the author suggests that a premeditated murder and intentional infliction of grave injury or injury of average gravity to an offender should be treated as a punishable excess. The basis of the framework structure of the draft chapter on causing harm in exceptional situations contains: new structuring of drafted amendments, using for structuring provisions descriptive and special elements of legitimate (not criminal) damage infliction, forming definitions in notes, strengthening consistency and accuracy of the language, as well as differentiation of damage infliction to the rights and legitimate interests into legitimate (not criminal) and illegitimate (excessive)

The article considers damage as one of central, systematically important categories that is located in the center of major concepts and institutions of criminal law. The essence of this social and legal phenomenon is not always subjected to detailed analysis and is perceived by scholars as a priori clear, not drawing any criticism provision. In the majority of cases damage is associated with a crime. However, the criminal law provides for damage that is not criminal. The author offers a general definition of the category of damage in criminal law and gives its classification. Depending on the material and formal criteria damage is divided into criminal and not criminal. The author analyzes the forms of criminal damage. The author concludes that the notion of "damage" is generic and includes a number of slightly more narrow in their content categories, such as injury, losses and grave consequences. The paper is indicative of the adhesive role of damage between the act and the object of a crime. The author distinguished criminal consequences as an indication of the objective side of a crime and criminal damage caused to protected relations. From the standpoint of inflicted damage the author considers formal and inchoate crimes, inchoate criminal trespass, acts of accomplices. Particular attention is drawn to the types and value of damage that is not criminal. The latter, in turn, depending on the material criterion is divided into socially dangerous harm, as well as socially useful or admissible (legitimate). Particular attention is drawn to the situations of causing legitimate harm that are set forth in investigative legislation. The paper contains the classification of rules regarding acts causing legitimate harm that are set forth in four more groups of regulatory acts in addition to the Criminal Code of the RF. The author carries out the analysis of legal regulation of socially useful (socially admissible) acts that cause harm to the objects of criminal protection, but their legitimacy is not provided for in criminal legislation. He also examines the possibility to apply criminal law analogy in such situations. Taking into account trends in legislative practice, the author attempts to predict within the frames of criminal law normative consolidation of causing legitimate harm

The article is devoted to the analysis of changes in the Criminal Code of the Republic of China that came into force in early November, 2015. Their main distinctive features are: for the purpose of human rights protection the number of crimes sanctioned by capital punishment was reduced; punishment for terrorist crimes, the commission of which results in imposing a property-related penalty, was toughened; a number of acts associated with terrorism and posing particular threat to the society were criminalized; characteristics of some crimes were clarified; the norm exempting from criminal responsibility individuals preventing the return of abducted women was abolished; legislative norms regarding crimes of corruption were The article was prepared within the framework of the project of the National Fund of Social Sciences of the P.R. of China "A Comparative Analysis of Anti-corruption Legislations in the P.R. of China and the RF"(project number: 14BFX003), as well as the project of the Research Foundation of the Heilongjiang University for outstanding young scientists "Researching Institutions in the General Part of Russian criminal law» (project number: JC2013W1). improved for the purpose of effective fight against official crimes; significant amendments were made in the Criminal Code of the P. R. of China in respect of computer crimes in order to ensure social security; the punishment for breach of trust was toughened to encourage good faith in society

The paper is devoted to the examination of the problems of protection of results of intellectual activity expressed in different objects of industrial property or in objects equal to them in the context of terminology of Russian legislation on the means of individualization that were the subject of debate in states since ancient times and are relevant till now. The main and the most important area of international work in this area is cooperation in the sphere of unification of the law of industrial property, which led to the adoption, at the outset, of the Paris Convention for the Protection of Industrial Property in 1883, and some terminological aspects are considered in this article. The author notes that the Paris Convention even in its final Edition (Stockholm Act, 1967) did not provide for a clear definition of the objects of industrial property and the criteria for their determination. However, the author offers criteria that allow the application of the result of intellectual activity (any object of industrial property) in industry and commerce, i.e. producing of material goods and selling goods (rendering services), as the most significant for the purposes of determining the objects of industrial property and differentiating the objects of ndustrial property and distinguishing industrial property objects from the objects, for example, of copyright, as well as any other property (property rights). It is on the basis of these criteria applied to industrial property objects (after the adoption of the latest revision of the Paris Convention) that the author proposes to assign the objects that appeared later as objects of protection: know-how (secret of production) topology of integrated circuits, breeding achievements (in particular, plant varieties). In addition, the author suggests that the Stockholm Convention that established the International Organization of Intellectual Property is the basic international instrument for the allocation of individual industrial property objects and their differentiation from other objects of intellectual property. The article also examines the provisions of the TRIPS Agreement relating to the protection of industrial property objects. The author pays attention to the peculiarities of protection of names of the places of origin of goods, geographical indications, considering the provisions of the Lisbon Agreement for the Protection of Appellations of Origin and their international registration, 1958 Edition of the Geneva Act, 2015.

Many nations in the rapidly deteriorating ecological environment (EE) form and develop ecological (organic) agriculture as one of the most important factors in achieving sustainable development, quality and food safety, the food and the national security of the nations. The author believes that organic farming is not only one of the methods of food production, but also an alternative to today's intensive farming, which in the short term, simply would not survive and guarantee the state food, and therefore, economic and national security. The author proves that the modern system of environmental law and institutions are undergoing significant and dynamic changes caused by the complexity of public ecological relations, the emergence of additional areas of ecological and legal regulation related to the activities of high-risk industrial, energy, and radiation-hazardous facilities, the negative impact on EE and human health of chemical, biological and other hazardous substances, materials and waste, accidents and catastrophes of natural and man-made disasters. Instability in the era of global change in the energy sector causes the increasing environmental risks, as, it primarily leads to the unweighted results in politics, seeking to satisfy all growing needs for energy economy without regard to the interests of future generations, and, secondly, to utilize new technologies, which influence on EE is studied poorly. It is shown that more attention should be paid to the proven in the world practice determination in implementing the specifications and the inevitability of positive and negative sanctions of legislation, economic incentives for environmentally beneficial activities, public and state facilitation of individual and collective patriotic care about nature, public fair competition of elites, business: in conjunction with other constructive approaches they can ensure the effectiveness of normative-legal acts (NLA), solving, inter alia, such environmental legal tasks, as insurance, expertise, certification, ecological and legal education

The article deals with the problems of the development of the environmental protection legislation in the agrarian sector of the economy from two points of view: by agrarian law and by environmental law, taking into account the specifics of environmental violations in agriculture. The authors prove that the cultivation of row crops have led to rapid soil degradation, mineralization of the peat layer. In addition, this activity is a source of groundwater contamination. The problem of ecologization of agrarian legislation, detailed elaboration of environmental requirements for agriculture has become a topical issue. This is embodied in State programmes through mechanisms of State support of agricultural producers and increasing requirements to quality of agricultural products. The authors justify the term "ecological safety in the implementation of agricultural activities" and pay attention to the need to generate an appropriate conceptual framework. The authors divide the ecological- agriculture laws into three groups: providing the balance between environmental and economic interests, laying down requirements concerning the protection and rational use of natural resources, establishing requirements for the protection of the natural components of the environment. They also outline peculiarities of legal regulation of the proposed mechanisms for seizure and provision of agricultural lands. The authors specify the rights and duties of natural resources users contained in relevant laws and regulations, specify the rights and duties for the protection and rational use of natural resources for agricultural purposes. Particular attention is given to the reclamation of agricultural land, which includes two phases: technical reclamation, as topsoil, soil cover which disturbed in carrying out the above mentioned works, or improving marginal farmland by clearance of fertile soil, the application of reclamation facilities, as well as biological reclamation of disturbed lands for use in agriculture - the restoration of fertility The authors justify the requirements aimed at the protection of natural components of the environment, natural resources facing anthropogenic pressure caused by agricultural activities.

The article is devoted to the theory and legislation in the area of reparation of environmental damage. Based on the analysis of existing theoretical approaches to the definition of "environmental damage", the current legislation in the field of compensation for environmental damage, draft federal law on amendments to certain legislative acts, as well as law enforcement practice, the authors prove the need for enshrining in the Federal Law "On Environmental Protection" of the complex concept of "harm caused to the environment", which proposes to identify not only various negative consequences for the environment, but also those possible actions that lead to the infliction of harm. In addition, the article explains the need to incorporate in the legislation of the manifold forms and ways of causing harm to the environment and formulates a conclusion that the basic definition of the harm caused to the separate parts of the environment should be contained directly in the main codified acts of natural resources legislation, and be disclosed in a statutory prices and methods of compensation for harm caused to the environment. The article also formulates a number of other findings and proposals for improving the current legislation on compensation for environmental damage, including through the use of instruments of environmental insurance, the formation of the land registry (territories), subject to reclamation by type and directions to repair the damage, the empowerment of environmental organizations.

The article shows the history of the development of legal regulation of the "national question" in the acts of constitutional value and the Constitution of the Russian Empire, the Soviet Union and Russia. The author notes two main areas in which the constitutional and legal regulation of the national question has developed, namely, the first - in the field of human rights, and the second - in the field of government. In the course of the analysis the author pays attention to the content of the rules governing the national question in the Constitution, as well as an attempt to establish a link between the rules and the historical events which have caused their adoption. He aoutlines additional reasons that led to revolutionary change of government in 1918, Through the prism of Marxist-Leninist teachings on the nature of the Constitution the author considers the prerequisites for adoption of the Constitution of the USSR in 1936 and 1977., securing the balance of class forces in the corresponding historical period. On the basis of the modern theory, the mechanism of international guarantees of peace in the Russian Constitution of 1993 is analyzed. The above historical and legal analysis allows the author to conclude that the presence of five major stages of development of the constitutional and legal regulation of the national question, and to determine the overriding principle that forms the foundation of the national policy of the fundamental law of the state of the corresponding historical period, which is a conceptual approach to defining the essence of the people inhabiting country, reflected in the Constitution. This allows the author to come to the conclusion that a change in the existing Constitution should be guided by the traced dialectic of development and national policies should be built on the basis of the early stage of nation-building In addition, the author comes to a conclusion about the continuity of the principles of national policy on the Declaration of the Rights of Peoples of Russia in 1917 up to the Strategy of the state national policy until 2025. It is noted that three of the four key principles embodied in the Declaration of the Rights of Peoples of Russia, continue to operate in the Russian Constitution, except for the principle of free exit from Russia.

The article introduces the scientific activities of participants of the Russian Spiritual Mission in Beijing to study the law of traditional China. The author believes that a special interest in this issue in the XVIII-XIX centuries was caused by the needs of the Russian-Chinese political, trade and economic relations, as well as the active legislative activity held in Russia at the time. Systematic work on the translation into Russian of the Qing legislation, initiated at the time of Ekaterina II, received an additional boost in the period of large-scale codification of the XIX century, when on the initiative of Speransky M. M . one of the largest collections of the laws of the Manchu Dynasty "Lifan Yuan Tse-Do" ( "The Code of the Chinese Chamber of External Relations" was published. In addition, the founder of Russian Sinology Bichurin N. Ya. translated the 48-volume collection of laws, "Da-Qing Hui Dian" ( "Code of Laws of the Qing Empire"), some borrowings from which would have been, according to V. G. Belinsky, useful for the Western countries. The article provides a picture of all the published and archival materials of the Russian missionaries, which address the issues of criminal and civil law of imperial China. Some authors of these materials (N. Ya. Bichurin, S. V. Lipovtsov, A. L. Leontiev) are well known in the Russian and world Sinology, other names (A.G. Vladykin, V.V. Gorskiy, I.I. Zakharov, V.S. Novoselov, K. Pavlinov, G.M. Rozov, E.I. Sychevsky, M.D. Khrapovitsky etc.) are known only to a narrow circle of specialists. Most of the legal research participants of the Beijing mission has not been published to date. Among these works, for example, "The decrees of the Chinese ancient and modern kings" by A. Vladykin, "The Code of the Chinese Chamber of External Relations regarding the cities of Bukhara Minor" by E.Sychevskogo and also made by the student of the XIII-th mission M. Khrapovitsky complete translation of all the "Treatise on the punishment" ( "Fa Zhi Xing") - the official Chinese dynastic chronicles, the publication of which would provide modern scholars with a unique material on the history of the rights of imperial China. According to the author, it is the scientific work of missionaries in the Russian legislation there that influenced the emergence of some types of criminal penalties, as well as special "interpretation" in the "Marking military" of Peter I and a special system of "types and levels of punishment" in "The Penal Code on Penal Punishments and Corrections" of 1845, which allows us to talk about the reception of the individual elements of traditional China in the Russian criminal law

Further improvement of the current system of national law of the Republic of Kazakhstan on the basis of continuity and phase necessitates the study of the historical features of formation and development of the phenomenon of the Kazakh customary law and folk activities, "arbitrators" - biys. The article, devoted to the study of these issues, considers the basic historical sources of the Kazakh customary law: traditional customs and judicial precedents of biys, contained usually in oral folk tradition; Shariah, based on the rules of Islam (the Koran), which apply in relation to offenses against religion and, in part, crimes against family relations; guidance adopted by an extraordinary congress of the biy - Erezhe, served standing law biys at a resolution of criminal and civil cases. Erezhe in a systematic way explained the question about the order of proceedings and jurisdiction of limitations of criminal prosecution, on the responsibility of co-perpetrators, the types and amounts of punishment, in particular the amount of Kuna (redemption) and aipa (fine), aggravating and mitigating conditions and so on. Separate historical development of the judicial system in Kazakhstan was complicated by its accession in 1731 to the Russian Empire, which led not only to a certain limit of the application of customary laws and the activities of the biy court, but also the introduction on its territory of empire-wide system of courts, acting on the basis of Russian legislation . This fact has caused an ambiguous attitude of contemporaries to the ongoing reforms. The outstanding Kazakh scientist Ciocan Valikhanov noted the absence of any official formalities and routine as the main advantage of the biy court Alikhan Bukeikhanov is the representative of the liberation movement in Kazakhstan in the beginning of the twentieth. He believed that the biy court is essentially national in form, and that the policy of the colonial government to replace its other vessels can not be considered a good solution. The great educator, poet and thinker Abai Kunanbayev actively promoted innovation in existing customary law, codified the individual institutions of the Kazakh criminal procedure and civil procedure law. According to T. M. Kulteleev, the new order as a whole "had known progressive significance in comparison with the old order, rooted for centuries in the work of the biy court. " In the current provisions of the national Kazakh law we can find examples of legislative consolidation of certain customary Kazakh law and the features of the proceedings of biys, in particular, in the current Code of Criminal Procedure there enshrined such principles of criminal proceedings as a publicity exercise of justice on the basis of competitiveness and equality of the parties, a comprehensive, complete and objective an investigation.

The publication covers the International Conference "Bankrupcy: the legislative model and enforcement practice" held at the Kutafin Moscow State Law University (MSAL) (MSAL) on the 7th of April 2016. The conference participants - legal scholars, university professors, graduate and undergraduate students, the judges of arbitration courts, businessmen, arbitration managers, lawyers - representing different regions of Russia. The guests from neighboring countries followed the discussion with great interest. The great interest in the insolvency problems is caused due to a number of factors: the economic crisis, giving rise to a sharp increase in cases of insolvency of economic entities; a permanent reform of the legislation on bankruptcy, and as a consequence, the change of approach in the judicial practice; introduction from 1 October 2015 consumer bankruptcy and so forth. Bankruptcy is a complex legal institution, including the substantive and procedural, private and public sectors of the right. This feature is fully reflected in the range of the speakers, and the content of the reports made during the conference. Most lecturers, to illustrate their findings, resorted to comparative legal analysis, comparing the norms of Russian and international law As a positive side it should be noted that the problem of insolvency was studied from different standpoints. Such, in theory, the category of insolvency, the ability to compete, competitive financial relationship were subjected to scientific analysis. The discussion of the enforcement problems caused lively debate about the difficulties encountered by courts of arbitration in cases of bankruptcy of natural persons, about the implementation of exclusive rights to results of intellectual activity in a situation of insolvency, about the establishment of a competitive control in the bankruptcy of legal entities. The report of the impending radical reform of bankruptcy law in relation to legal persons turned out to be of particular interest. The basic provisions of the draft law on restructuring of the improvement of rehabilitation procedures were made public. Finally, with regard to the learning process there were considered some emerging issues on teaching disciplines devoted to competition law Within the framework of the international conference we held the presentation of a textbook for undergraduates "The bankruptcy of economic entities", made by a team of teachers of the department of business and corporate law, and the department of private international law of the Kutafin Moscow State Law University (MSAL) on the 7th of April 2016.