Abstract: Political representation is a key principle of implementation of public power in the modern states. The concept of public law representation was formed in the modern age as an institutional specification of the republican principle and the principle of the people’s (national) sovereignty, which guaranteed conditional, temporary and limited character and responsibility of political power. The article concerns with such inalienable elements of public law representation as the public law power (competence), representative bodies, and free mandate. The author analyzes the key tendencies of development of the representative rule in the current conditions, she singles out the specific features and types of public power bodies, she also provides the grounds for the statement that due to the specific type of formation and activities the collegiate representative authorities are appropriate institutions for the establishment of the primary, abstract and generally obligatory behavior rules.

Keywords: jurisprudence, power, competence, representation, mandate, sovereignty, collegiate, people’s rule, democracy, law-making.

Abstract: The article presents scientific, theoretical and methodological problems in the sphere of studying regional law. The author includes into the list of such problems the problems of scientific instruments, definition apparatus, terms and definitions, as well as the problems of their application in the process of studying the matters of regional law. As one of the options, the author offers definitions of the terms regional, federal and federative law, which may be applied in the scientific studies in the sphere of history and theory of regional law.

Keywords: Jurisprudence, regional law, federal law, federative law, region of the federal state, objects of competence, federation, constituent subject of the federation, powers, terms.

Abstract: The spread of religious enmity, which is also known as religious extremism, currently poses a specific threat to the national security of Russia and Dagestan. The challenge of religious extremism in the North Caucasian region becomes extremely dangerous, when the religious ideology is used for nationalistic and separatist goals. Religious factor is used in order to provide ideological and organizational support for specific interests of various forces and political subjects. Social and legal danger for Dagestan is due to the total egoism, which is often presented as a positive way for a self-organized society. It is necessary to deal with the political, social, economic, national and cultural problems of the Republic of Dagestan taking into account the mindset and values, as well as legal culture of the peoples of Dagestan. The key directions of the activities of state and municipal government should include strengthening the interactions among the territorial executive bodies, various religious organizations and people; development of the regular legal monitoring system in Dagestan and provision of information for the peoples of Dagestan; involvement of representatives of various social circles and groups, law enforcement bodies, students and working youth into the events, facilitating the state policy against religious extremism. In order to prevent the spread of extremism the following measure may be taken; legal education of the peoples of Dagestan; support for the best traditions of peoples of Dagestan; development of tolerance towards other nationalities, religions, and denominations; introduction of social institutions, which would influence the process of formation of the legal culture of the peoples of Dagestan and activate their positive influence; analysis of mass media and information materials in the Republic of Dagestan with the use of information technologies in order to uncover anti-social materials; formation of the institutions dealing with the public opinion problems on the issues of work of the law enforcement bodies and implementation law.

Keywords: jurisprudence, legal culture, legal conscience, Constitution, Dagestan, multinational, faith, religion, denomination, extremism, terrorism.

Abstract: The institution of co-participation in crime was formed gradually in the ancient Russian law, but it was not isolated from similar institutions of their nearest Slavic and European neighbors. Together with the gradual legislative formation of the institution of co-participation in crime, the judicial practice in this sphere was accumulated and analyzed; the criminal law means against group commission of crimes were formed. It is clear that the institution of co-participation in crime may be based on the ancient Slavic mythic and epic opposition «one participant — many participants», which was typical for the world view of the ancient people. The same matter accounts for the specific features of differentiation of criminal responsibility with greater responsibility in cases of co-participation in the criminal law of the Ancient Russia. It was specific, and was viewed through the prism of attitude of the victim towards the group crime. The more people participated in a group crime, the greater was the gravity of the offence to a victim. Each of the co-participants in crime paid a separate fine in a same amount with the other co-participants, while the amount of fine per person was equal to a fine for a crime committed by a single person.

Keywords: jurisprudence, co-participation, offence, co-participants, opposition, hryvnya.

Abstract: The author studies the issue of formation of the legal institution of detaining a suspect in the criminal procedural law of Russia. The author considers that development of the legal institution at the various stages of Russian history could be defined by the level and quality of legal regulation of the status of the detainee and guarantees of his rights. One may single out seven key stages in the formation of this legal institution; however, its evolution is not finished by now, so one cannot say that it is formed completely, since some of its elements require further improvement.

Keywords: jurisprudence, detainment, suspect, legal institution, Russkaia Pravda, Law book, Council Code; reform, stage of formation, periods.

Abstract: The article concerns the key directions of the evolution of the military judicial system in the Russian Empire in the first half of the XIX century. The author analyzes the numerous normative legal acts, which regulated the military judicial system at the above-mentioned period in the Russian Empire, defined the powers and competences of the military courts, as well as structure and number of staff in the military judicial bodies. The author also provides the positions of legal scholars, who studied topical issues of military judicial system of Russia.

Keywords: jurisprudence, court, the Russian Empire, auditoriate, kriegsrecht, military collegiate, reform, evolution, praesus, assessor.

Abstract: In this article the author views the problem of correlation of the norms of customary law of hte Bashkir people and the norms of the Russian legislation and the Shariat norms, taking an example of Bashkortostan in XVI — early XX centuries. The historical and legal analysis of the norms of Russian law, the Shariat law and the customary law of the Bashkir includes criminal and civil legal relations, formation of courts and judicial procedure of the Bashkir people. The author comes to a conclusion that the customary law of the Bashkir people may be applied only in the law-making process of hte state (for example in propaganda of morals, ethcis, respect for mothers and wives, support of society as a whole, application of the customary law of the Bashkir may also be taken into account in the formation of the programs of the Government of the Russian Federation for the predictive purposes. It may also be studied as legal culture of the people. The author defines its place and role as a source of law, which may be disuniting the the legal system of Russia, if every national group shall attempt to include such sources into the legal system.

Keywords: jurisprudence, correlation, custom, law, Bashkir, XVI–XX centuries, the Shariat, Russian, norms, analysis.

Abstract: The article is devoted to the introduction of the International Financial Reporting Standards (IFRS) into the legal sphere of Russia. The author provides brief analysis of the Russian legislative acts, which were passed to regulate the process of transfer to the IFRS. The author also characterizes the value of the normative introduction of the IFRS in Russia.

Keywords: jurisprudence, IFRS, normative regulation, Accounting Regulations, provisions on accounting, financial reporting, International Financial Reporting Standards, global economic system, consolidated financial reporting, interpretations of the international standards.

Abstract: The article includes analysis of the necessity of study of material responsibility in the sphere of labor law and its place within the system of legal responsibility in Russian law as a whole. It includes analysis of various points of view of legal scholars, including those specializing in labor law. Some of such scholars single out material responsibility of employees and employers as independent types of legal responsibility, while other scholars view it as a part of civil law, disciplinary or labor law responsibility, which leads to its assimilation within the above-mentioned types of responsibility. Therefore, to some extent all of those scholars fail to recognize material responsibility as an independent type of legal responsibility, which may have negative influence upon the legal practice in this sphere. The article contains detailed basis for distinguishing material responsibility under the norms of labor law from other types of legal responsibility, and criticism of abovementioned approaches to this type of responsibility. Based on the above, the author comes to a conclusion that material responsibility of the parties to the labor contract is bilateral, it has general and specific characteristic features, and it should be regarded as a complete, indivisible legal category within labor law, and as an independent type of responsibility in Russian law.

Keywords: jurisprudence, legal responsibility, material responsibility, disciplinary responsibility, civil law responsibility, labor law responsibility, employer, employee, labor contract, institution.

Abstract: In modern Russia the role of labor-based punishments is currently growing. This fact can be explained by the general tendency of greater application of alternative types of punishments not concerning deprivation of freedom (imprisonment), as well as by the greater representation of labor-based punishments within the system of punishments. In order to establish and apply this type of punishment one needs to study the issues of lawfulness of forced labor and limits to its application. Defining the criteria for distinguishing forced labor and slave labor, as well as similar social matters, is necessary in order to duly qualify the crime of use of slave labor (Art. 127.2 of the Criminal Code of the Russian Federation). The authors of the article distinguish between the legislatively allowed and prohibited forced labor. The state has no right to use forced labor with elements of slave labor or to force to work. Enslavement of a person and use of the slave work of a person, who cannot refuse to perform the work (service) without risk to his natural rights, presupposes forced labor. The problem of correlation of forced labor and slavery was also brought to the attention of the researchers due to the new type of punishment in the Criminal Code of the Russian Federation, which is compulsory labor. This punishment may be regarded as a modification of slave labor.

Keywords: jurisprudence, punishment, forced, labor, correlation, obligatory, slave, crime, qualification, slavery.

Abstract: This article concerns the problems regarding participation of the claimant in the criminal process. The author analyzes the cases of participation of claimant in the factual relations with the participants of the criminal judicial procedure at the pre-trial and trial stages of criminal process. The author uncovers and establishes the need to separate claimants into two groups: those claiming that the crime took place, and those claiming a criminal procedural violation took place. Based on the study, the author offers to recognize claimant as an independent participant of criminal procedure, provides for his definition and procedural status.

Keywords: jurisprudence, claimant, participant, criminal process, status, constitutional rights, appeal, arrest, property, search.

Abstract: The specific features of limits to the judicial examination in the criminal cases based on private charges are due to the specific type of starting such a criminal case. The criminal charges are filed against persons by the written claim (complaint) of victim, or his (her) lawful representative. At the same time, the Criminal Procedural Code of the Russian Federation lacks the normative definition of the requirements for the legal qualification of charges, including the requirement of due qualification of crime. Lack of the reference to a specific norm of criminal law being breached abridges the right of the accused for the efficient defense. It may be regarded as a considerable gap in legislation, since the accused in the criminal cases based on private charges have the same status with the accused on public and private-public charges, and, therefore, they are also entitled to a right to know what charges under which norms of criminal law are brought against them. As a result, the due qualification of crimes in criminal cases based upon private charges is done by the justices of peace, since when the court starts a case based on private charges, it should define whether the elements of particular crime are present in the complaint, and then decide whether this case may be dealt with within the procedure based on private charges, or it should be started as a public case. Therefore, the judge has to perform part of the function of an accusing party. One should also note that within this category it is possible to bring a counterclaim, therefore the number of accused persons within a case may grow. At the same time, the current legislation has no provisions for the form of counterclaim in such cases, and no requirements to its contents. In order to deal with these shortcomings, the possibility for counterclaim in such cases should be limited to the claims based on private charges, which are related to the primary claim.

Keywords: jurisprudence, limits, judicial examination, first instance, cases, private, charge, claim.

Abstract: The Russian legislation and legal literature lack the clearly formulated list of principles of international private law, while the scrupulous analysis of legislation and legal practice shows, that the regulation of private law relations with a foreign element requires such relations to comply with a number of basic rules. The principles of international private law, as singled out by most modern authors, have various natures. It seems reasonable to divide them into two groups: 1) the principles, which establish the possibility and necessity of application of foreign law and limits to its application; 2) the principles, establishing the choice of law, when resolving a specific conflict of laws problem (conflict of laws regulation principles). The first group of principles includes the principle of application of foreign law, the principle of equality of national law of various states, the principle of protection of the domestic legal order. The second group of principles includes the principle of the autonomy of will of parties, territorial principle, and the principle of the closest connection. It seems reasonable to pass a law «On the Bases of International Private Law» in which the provisions on its principles should be included.

Keywords: jurisprudence, international, private, law, principles, classification, conflict of laws, regulation, foreign, legislation.

Abstract: This article concerns the problems of lawfulness of the provision of the legal construction of the foreign contract law, which have no analogues in the Russian law (such as potestative and mixed conditions, option, guarantees, assurances, pre-evaluated losses), as means of protection of rights from violations in the trans-border leasing contracts. The article includes analysis of the difficulties, which the Russian courts have, when dealing with the cases concerning violations of non-typical conditions of the trans-border leasing contracts, the author provides the means for overcoming the difficulties and gaps in legal regulation of theses provision, she studies the influence of foreign contractual clauses on the Russian civil law. The conclusions of the author are based upon the novel provisions of the Civil Code of the Russian Federation, as provided for the in the draft Federal Law «On Amendments to the Parts 1,2,3,4 of the Civil Code of the Russian Federation», judicial practice and foreign law.

Keywords: jurisprudence, leasing, contract, court, legislation, claims, arbitration, novelties, conflict of laws, norms.

Abstract: The article is devoted to the analysis of the Common Security and Defense Policy of the European Union, which gains more and more standing lately. Its goal is to present this policy in an objective and contemporary way in the light of the amendments by the Lisbon Treaty, which came into force in the end of 2009. It shows the newest processes in the sphere of military and political integration in the EU, which are too often left outside the scope of scientific studies. The authors evaluate the gradual formation of the united defense system in the EU. They study the specific directions of military and political cooperation of the EU Member States, their goals and mechanisms of legal regulation. They show the ways and means for the dispute resolution and crisis management, application of military potential and the use of the so-called «soft force» by the EU. The article also concerns the treaties among the EU Member States in this sphere, formation of the tactical groups and activities of various missions. The analysis of civil operation in addition to military abilities of the EU is also of interest for the authors of this article.

Keywords: jurisprudence, national security, CSDP, strategy, crisis situations, regulation, tactical group, civil operation, military potentials, Petersberg Tasks.

Abstract: The article is devoted to the problem of implementation of the individual and general measures aimed to implement the decisions of the European Court of Human Rights within the Russian legal system. Much attention is paid to the general measures, by which the norm-making power of the ECHR is implemented. The author regards as general measures direct application of the legal positions of the ECHR by the Russian courts in specific cases, as well as implementation of these legal position into the system of normative legal acts of the Russian Federation. The article includes analysis of the factors preventing the fully efficient implementation of general measures under the decisions of the ECHR in Russia. Evaluation of the national legal acts, defining the status of the decisions of ECHR in Russia brings the author to a conclusion that currently there is no clear and complex legal regulation in this sphere. That is why the author offers to pass a new normative legal act, which would regulate all of the aspects of the actions of domestic state bodies in accordance with the decisions of the European Court of Human Rights.

Keywords: jurisprudence, decisions, the European Court of Human Rights, positions, system, precedent, implementation, decrees, legislation.

Abstract: The article regards the issues on finding the states responsible for the violations in the process of financing the projects from the European Bank for Reconstruction and Development. The EBRD, being one of the key regional financial institutions, provides credits for various projects, which are aimed on the development of the economies of the Member States. Usually several parties participated in such projects, they provide finances and implement these projects, or facilitate their implementation. The disputes, which arise in the process of such project implementation, call for the efficient dispute resolution mechanism. In order to meet these requirements the Project Complaint Mechanism (formerly the Independent Resource Mechanism) was formed. It is aimed to facilitate resolution of the disputes regarding implementation of the project, and to work with the complaints on violations of the EBRD norms. While the issues of bringing states to responsibility are not within the scope of its primary goals, the issue of holding states responsible for the violations of norms of international law appear in its practice regularly.

Keywords: jurisprudence, responsibility, states, the Project Complaint Mechanism, the EBRD, international dispute, financing, international organizations, due evaluation, international financial law, international environmental law.