Abstract: the main questions connected with realization of the Constitution of the Russian Federation and development of branch of the constitutional legislation are taken up in the article. Three main stages in development of constitutionalization of the Russian modern legislation are allocated: “formational”, “adaptational” and “modern”. According to the author, modernization of the legislation is characterized by shift of vector of legislative development in the direction of social humanitarian affairs, and also aspiration to provide balance of private, social-group and state interests. In article the important legal solutions directed on deepening of constitutionalization of the legislation are proposed, need of improvement of quality of legislative regulation as the most important condition of the solution of problems of modernization of the legislation is noted.

Keywords: Constitution, modernization of the legislation, constitutionalization, codification, systematization, tendencies of development of the legislation.

Abstract: The article is devoted to the analysis of legal regulation of carrying out public events in the Russian Federation from the point of view of its compliance to constitutional requirements and the international standards. Article contains a conclusion that legal regime of public events available today concretizing mechanism and procedure of their carrying out, not fully reflects fixed both in the constitutional level, and at the international level the right of citizens to gather peacefully, without the weapon, to hold meetings and demonstrations, processions and picketing and significantly limits the content, reality and availability of these rights. Article contains suggestions for improvement of a legal regulation of carrying out public events.

Keywords: Constitution, human rights, public events, freedom of assembly, the Venice Commission.

Abstract: The article devotes to the comparative legal research of state control (supervision) in the sphere of technical regulation legislation in states-parties of the Eurasian Economic Community and Custom Union. The main common features of the state control (supervision) are revealed on the basis of legislation of Russia, Belarus Republic, Kazakhstan, Kyrgyz Republic and Tajikistan, as well as peculiarities of legal regulation of state control (supervision) in the sphere of technical regulation in some countries are analyzed in the article. The author has made a conclusion on trends of system of state control (supervision) in the sphere of technical regulation development in conditions of future development processes on post-soviet territory.

Keywords: technical regulation, technical rules and regulations, integration, Custom Union, Eurasian Economic community, state control (supervision), object of control, state control authorities, inspection, risks.

Abstract: This article discusses the control powers the President of the United States towards U.S. intelligence agencies. The article is based on an analysis of court cases, handled by the U.S. Supreme Court, in which the supreme judicial body of the United States interpreted the constitutional right of the President to implement controls towards its subordinate bodies. The article in accordance with the position of the Supreme Court in the case Totten v. United States (1875) justifies the right of the President as commander-in-chief to establish in time of war intelligence services as a part of executive branch of the government. Comparing the position of the Supreme Court in this case to its position, expressed in the later case Chicago & S. Airlines v. Waterman S.S. Corp. (1948), the author shows the evolution of the judgments of the U.S. Supreme Court, who recognized in a later case, the right of the head of the U.S. to establish intelligence agencies not only in time of war, but also in times of peace.

Keywords: control functions, intelligence service, commander-in-chief, subordinate bodies, armed forces, court decision, constitutional basis, U.S. President, officials.

Abstract: The problem of constituent legitimacy in the context of comparative analysis of models of legitimating of public power in the light of constitutional values is examined in the article. The problem of the democratic legitimacy of the constitutional order is analyzed in the article and proposals for the improvement of the constitutional system of Ukraine are developed on the basis of interdisciplinary approach and combined achievements of political science, sociology, law and doctrine of natural and positive law. Relations between democratic legitimacy and constitutional values through deliberative legitimacy (complicity) and the democratic legitimacy of human rights are analyzed in the article. A comparative analysis of models of neutral way of unitary, egalitarian and axiological achieving the consensus in society is made. The nature of the constituent legitimacy in the light of constitutional values and the legal status of the Constitutional Assembly established to prepare a bill on renovation of the Constitution of Ukraine are revealed. The author formulates key issues that should be the subject of public debate and consideration by the Constitutional Assembly. The mechanism of the revision of the Constitution in accordance with the Europeans constitutional values and democratic legitimacy is defined.

Keywords: democracy, Constitutional Assembly, constitutional values, constituent legitimacy, constituent power, human rights, rule of law, sovereignty.

Abstract: The author substantiates the need for a comparative legal method to identify the benefits of legal regulation of disciplinary responsibility of state servants in foreign countries for their subsequent implementation in the domestic service and delict legislation. On the basis of allocation of the currently existing models of organization of the state service and the characteristics of the legal regulation of public service in foreign countries, it is concluded that it is within the continental (Romano-Germanic) model of vocational institute officials falls under the administrative regime of legal regulation, which causes limiting the scope of ongoing research. For the purpose of doctrinal characteristics of disciplinary responsibility of civil servants in foreign countries identified specific characteristics that distinguish the disciplinary responsibility of civil servants from the disciplinary responsibility of ordinary employees according to the norms of labor law: the target and functional purpose; the sources of legal regulation; the subjects of disciplinary responsibility; the features of reason to use; the types of interventions; the procedure for the imposition of sanctions.

Keywords: state service, civil servants, professional officers, ordinary workers, public relations, disciplinary responsibility, the disciplinary delict, disciplinary sanctions, imposition of sanctions, disciplinary law.

Abstract: The article covers some of new methods of trade in EU competition law with particular focus on delimitation of legal market behavior and illicit trading practices. The author comes to the conclusion that practices like e-commerce, category management and selective distribution can be efficiently managed by competition rules that would not hamper the development of trade.

Keywords: competition, antimonopoly legislation, limitation, e-commerce, category management, selective distribution, entity, goods, market.

Abstract: This article describes the concept of national innovation systems (further — NIS), as a complex of interrelated elements that provide innovative development within national borders. There is no single model for the development of an innovative economy and the presence of positive characteristics and proven approaches in each country. The main law instrument to regulate the functioning of the NIS is the legislation. There is no single approach to the legislative model in this area in world practice. The author focuses on the legal institutions and mechanisms that have influenced the development of national innovation economies of the U.S. and France. In the U.S., analyzes the successful experience of the development of the legal institution of patent law and concludes the advancing the development of intellectual property legislation in Europe. In France, is prevailing high level of tax burden on business structure and discusses the improvement of legal acts that describes the tax benefits and legal status of individual actors of the NIS.

Keywords: national innovation system, U.S. patent law, innovation tax credit.

Abstract: Registration of birth is not only the necessary condition for implementing the full volume of our rights. It is also an inviolable human right per se which is guaranteed by the most significant human rights treaties. Although a high standard of living is intrinsic to the European states, these states also face certain problems concerning birth registration. This article provides the reader with the outline of legal problems, accompanying registration of birth in Europe. In the European context, the following such problems can be identified: issuing citizenship for the refugee children, lack of travel documents, trafficking in newborn children, and child abandonment at birth. The author systematizes recommendation of international human rights organs, regarding the development of the system of birth registration. The examples of the Nordic statutory regulation concerning birth registration (including the legislation of Finland) are addressed to.

Keywords: the rights of the child; implementation of basic rights; birth registration; personal identification

Abstract: Based on a thorough analysis of foreign legal literature, this article examines the process of introduction of the term «telework» as a scientific definition. Historical backgrounds favoring the wide dissemination of telework are revealed. Positive consequences of telework are classified on the bases of its level of social importance. Basic models of the legal regulation of telework which are fixed in world practice are examined. In accordance with the first one taken as a basis by International Labour Organization telework is considered as one of varieties of home work. Owing to some common features it is presumed that they may have the single legal framework. The second model assumes the necessity of the separate legal regulation of telework. It is believed that the legal framework of home work and telework can not be the same, so long as the former is traditionally manual work which is done by low-skilled workers and the latter is a modern form of organizing and/or performing chiefly intellectual work through wide use of information technology. Such model was taken as a principle, in particular, in the EU. Implementation process of the basic act in this sphere at the European level — Framework agreement on telework 2002 — has some specific features. For the first time in the history of European employment law implementation of an agreement of social partners should not be preceded adoption of a respective directive. Instead of this, EU members had to implement provisions of the framework agreement directly. In reality, different modes of implementation were used. Its diversity may be explained by both differences in the legal regulation of employeremployee relationship and significance attached to each approach by public authorities of a separate country in ensuring of expansion process of telework.

Keywords: comparative legal studies; non-standard employment; telework; distance work; remote work; home work;

Abstract: This article examines the policy implemented by the Chinese government in the sphere of highly qualified specialists’ attraction from abroad to work in China. These include both foreign nationals and citizens of China who have studied abroad or working in foreign companies and have reached significant results in their work. The analysis of the existing legal regulations covering the provision of arriving in China from overseas professionals the best possible conditions for wages and social security is made. The particular attitude is given to the Chinese authorities’ approach in search and inviting highly qualified professionals to work in the national economy of China. An assessment of the contribution of foreign experts in innovation and technological development of the country is given. Article includes the provisions of the keynote addresses of senior leaders of the PRC on the need to attract highly qualified specialists from abroad, to use of their intellectual potential in China’s interest.

Keywords: highly qualified specialists, reform and openness, legal system, law of China, innovation, benefits, financial security, economic reforms, the local law-making, science and technology.

Abstract: In front of the Peoples Republic of China rather a challenge — it is necessary to force economic development, to increase industrial potential, and therefore to create favorable conditions for economic activities. On the other hand, the state should solve and environmental problems that assumes allocation of budgetary funds on preservation of the environment and introduction of certain ecological restrictions on industrial production in the territory of China. And it while is considered as the undesirable measure, capable to lower rates of economic growth, to limit an enterprise initiative and to complicate the solution of social problems. Including preservation of the environment by a cost-based factor of development China takes away to an ecological policy minor value.

Keywords: Peoples Republic of China, development, environment, industrial production, state.

Abstract: The present article continues a series of articles, devoted to the problems, connected with activities of lawmaking process in France. The matter is about the latest constitutional reforms in the country, the role of Parliament in the legislative process, the idea of “general interest” in public law, the quality of the law. In general the author’s task can be formulated as follows: how deeply does the modern French law reflect and express the realities and needs of the state, society and individuals. The subject of analysis of this article is the principle of legal security, which focuses the requirements to legislation and rule-making subjects, and also, the interpretation results of such activity in public consciousness.

Keywords: principle, legal security, confidence legitimate, law, doctrine, the quality, the Constitution, the law, the Parliament, the Government, the Constitutional Council, the State Council.

Abstract: The paper presents the author’s vision of the ways to resolve the complex of philosophical and methodological problems in comparative law. The author points out the possibility of applying the legal constructivism method for determining the subject sphere of comparison. The author proves that the externalized result of applying the functional structural method is possible only at the level of the comparable legal reality. The relevant concept (“construction”), according to the author’s opinion, should be able to be expressed in the objective form; it should be characterized by certainty and autonomy among other legal phenomena. The paper covers the author’s point of view on the use of the construction on three levels of dimension: theoretical, normative and substantial. The implicit properties of the construction specific to each level of dimension can resolve the problems, arising at the implementation of the Comparative Law issues. The application of the method of deconstruction allows solving a number of methodological issues, related to the application of metaphysical conceptual categories of the legal science, which stresses the effectiveness of the method of constructivism for Comparative Law.

Keywords: Comparative Law, methodology of Comparative Law, legal culture, legal tradition, legal construction, constructivism, deconstruction, functionalism, structure.

Abstract: The article deals with the implementation of the decisions of the Eurasian Economic Commission in the legal systems of the Customs Union. The author analyzes the law and practice of the international obligations of States arising from the decisions of the Eurasian Economic Commission. Suggestions and recommendations for improving the implementation of decisions of the Eurasian Economic Commission based on analysis of the current international legal and domestic regulatory framework, as well as contemporary legal doctrine are made in the article.

Keywords: Eurasian Economic Commission, the Customs Union, integration, solutions, legal system, international obligations.

Abstract: In recent decades the development of nearly all countries of the world community is marked by two different directions and at the same time complementary trends — globalization and regionalization. Both of these processes are inextricably connected with the legal integration of the participating countries, as they require the creation of a single (integral) legal framework for the development of integration processes and the interaction of the subjects of integration. However, the «layering» of regulatory impact of international instruments of various kinds and levels, often leads to their inconsistent and sometimes contradictory, which significantly reduces the efficiency of the integration process. For the new independent states realization of marked trends is the entry into the World Trade Organization, on the one hand, and the intensification of inter-state integration in the Eurasian space — on the other. The questions of «coexistence» and the principles of the interaction of the World Trade Organization (WTO) and regional integration entities, as well as the impact of WTO law, including the Agreement on Technical Barriers to Trade, on the formation of technical regulation systems in alliances of international economic integration, operating in Eurasia are discussed.

Keywords: World Trade Organization, the Eurasian Economic Community, the Customs Union of the Eurasian Economic Community, technical barriers in trade, technical regulations, standards, international standard.

Abstract: Review is devoted to the modern aspects of the legislative process regulation in foreign countries. Attention of the authors is paid to the aspects of lobbying, informatization of the legislative process, new ways of publishing of legal regulations, as well as to other aspects specific to such countries as the United States, Great Britain, France, the Scandinavian countries and the countries of Asia and Oceania.

Keywords: the legislative process, lobbying, e-government

Abstract: The article is concerned with analysis of the process of unification in the sphere of private international law within the Commonwealth of Independent States, Eurasian Economic Community and European Union. The problems in the sphere of the unification of private international law within the CIS and Eurasian Economic Community are researched in the article. The author suggests the methods of its solving taking into account European experience.

Keywords: Commonwealth of Independent States, Eurasian Economic Community, European Union, international private law, unification, harmonization, international agreements, model acts, soft law, legal regulation.

Abstract: The article is devoted to the urgent problems of legal regulation of commercial agency in the European Union. The author indicates specific characteristics of unification and harmonization of private law in the European Union, examines the basic documents in the sphere of commercial agency: Council Directive of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents (86/653/EEC), Principles of European Contract Law, Draft Common Frame of Reference. It is noted that internal relationships of commercial representation in the European Union are mainly formalized by means of commercial agency contract. The author pays attention to establishing in the EU of effective mechanism of agent’s protection. In summary the author formulates the main trends and features of legal regulation of commercial agency relationships in the EU on supranational level.

Keywords: contract, remuneration, agent, principal, commercial, representation, harmonization, unification, directive, principles.

Abstract: This article is devoted to the analysis of the control powers of the Bundestag over the Federal government and the Federal bodies of Executive authorities of the Federal Republic of Germany. The article considers the forms and types of parliamentary control, which were established by the Basic law of the Federal Republic of Germany, Federal laws and regulations of the Bundestag. The Bundestag often carries out functions of the legislative power to control the Executive power, because it occupies the most important place among the Federal bodies of state power. In addition to the provisions of the legislation, the author estimates practical experience of application by the Bundestag powers assigned to it for the control of the Federal Executive bodies, and also experience of research commissions and committees of investigation formation. Studying of the independent parliamentary bodies in the Federal Republic of Germany — the Commissioner of the Bundestag Defense Committee and the Federal audit chamber — takes a special place in this article.

Keywords: Basic law of the Federal Republic of Germany, the Bundesrat, the Bundestag, the Federal President, the Federal Chancellor, the Commissioner of the Bundestag defence Committee, the Federal audit chamber, the research commissions, committees of inquiry, parliamentary control.

Abstract: The purpose of the article is to analyze the legal aspect of improvement of the management system of water and related resources in Russia and Ukraine. The existing structure of authorities on water management in these states is described. The evidence of its imperfection is given. The introduction of integrated water resources management at the basin principle is proposed. The world classical modals of integrated water resources management at the basin principle are studied. The common features of described models, which should correspond to the system of integrated water resources management, are disclosed. Ways to improve the legal framework for water resources management in Russia and Ukraine are proposed. The article concludes the necessity to balance the combination of the basin, the administrative-territorial and the branch principles of management of water and related natural resources. It was proposed that the single management object formed on the basin principle should be defined as an element of an ecological network. The authorities’ structure, their competence and the mechanism of their interaction to manage a single object should be fixed in the codified legal act in the field of environmental protection — in the Environmental Code.

Keywords: integrated management, water resources, basin principle, world experience, authorities, interaction mechanism, duplication of credentials, ecological network, sub-basin, effective management.

Abstract: The article is devoted to the legal regulation of the procedure of compensation of harm caused by the State due to errors in the investigative and judicial activities. Key norms of the code of criminal procedure regulating compensation of harm and the practical aspects of compensation for material and moral damages are examined. The statistics and some standards of compensation based on existing case law are represented in the article. Some ways of compensation of the harm applied in existing judiciary practice are described. Judgements with atypical questions of compensation of harm is accented. Approaches to the permission which are not used in the Russian judiciary practice of some questions connected with compensation of harm unreasonably caused by the state during criminal prosecution are offered. The attention to the amounts paid in the account of compensation of harm in France is paid.

Keywords: rehabilitation, compensation, compensation for property damage, recompense of moral damage, the damage caused to the citizen as a result of the criminal prosecution.