Abstract: The issues of implementation of local guarantees of the constitutional right of peoples to their native language at the level of town, city district, or municipal district became especially topical after the Federal Law “On amendments to some Legislative Acts of the Russian Federation in part of Competence and Responsibility of Municipal Self-Government Bodies and their Officials in the Sphere of Relations among the Nations” came into force. The analysis of municipal legal acts of 82 municipal entities, and 21 constituent subject of the Russian Federation allowed the authors to single out some positive traits in the sphere of guarantees for the preservation of native languages of the peoples of the Russian Federation in the activities of the municipal self-government bodies in the municipal units, where the representatives of native small-numbered people reside. In the opinion of the author the attention should be paid to the experience of municipal entities within the Republics of the Russian Federation, where the municipal bodies develop and implement target programs in order to provide extra guarantees of the preservation of native languages. Finally, the authors draw a conclusion on the need to amend Art. 7 of the Federal Law of the Russian Federation “On the Languages of the Peoples of the Russian Federation”.

Keywords: implementation of a constitutional right, preservation of native language, Russian language, local issues, target programs, national and cultural autonomy, laws, constituent subjects of the Russian Federation, national minorities, native small-numbered peoples.

Abstract: The article is aimed at formulating propositions in order to improve the Russian legislation in this sphere, as well as analysis of the generally recognized international norms implemented into the Russian legislation. The object of studies includes norms of international law in the sphere of protection of rights of children, norms of constitutional legislation, and practice of their implementation. The study has shown that the process of development of legislation on the protection of the rights of children is simultaneously influenced by a number of factors, including social and economic changes, the abrupt change in the values of the society, social instability. The authors offer to amend the Federal Constitutional Law “On the Judicial System of the Russian Federation”. The author contains conclusions on the need for legislative regulation of the status of the Plenipotentiary on the Rights of Children in the Russian Federation and its constituent subjects and also to adopt a Federal Law “On Juvenile Justice in the Russian Federation”.

Keywords: protection of the rights of children, international norms, legislation, state, legal guarantees, society, state policy, constitution, plenipotentiary on human rights, juvenile justice.

Abstract: The object of study in this article includes basic rights and freedoms, which have supreme value under the Constitution of the Russian Federation and are guaranteed by the state. The article establishes the link between protection of basic rights and freedoms in legislative process of amendments into the Basic Law of Russia and the institution of constitutional control. The author also defines the role of the Constitutional Court of the Russian Federation in law-making and constitutional amendments in the Russian Federation. The author uses general and specific scientific methods, such as comparative legal studies, scientific analysis and synthesis. With the use of the above-mentioned methods the author came to a conclusion that the Constitutional Court of the Russian Federation should be provided with the competence to provide opinions on the legislative drafts on amendments to the Constitution of the Russian Federation. This article includes scientifically novel conclusions on the need to arrange control of the Constitutional Court of the Russian Federation over the constitutionality of the legislative drafts and their substantiation. The author offers to form a mechanism for implementation of these powers.

Keywords: amendments, constitutional control, the Constitutional Court, basic freedoms, human rights, the Constitution of the Russian Federation, the legislative process, amendments to the Constitution, reforms.

Abstract: The federal structure of the Russian Federation, as enshrined in the Constitution of the Russian Federation provides for delineation of objects of competence and powers between the state government bodies of the Russian Federation and the government bodies of its constituent subjects. The object of study in this article regards distinguishing the competence of the Russian Federation and its constituent subjects when implementing the constitutional right of citizens to social guarantees at various historic stages of its development. The author shows topical issues in the sphere of distinguishing the functions and constitutional obligations of the state in the sphere of social guarantees between of the Russian Federation and its constituent subjects: evolution and current situation. The said issues are studied with the use of logic and systemic analysis, analysis and synthesis, formal legal and comparative legal methods, as well as historical comparative method of cognition. The article provides and supports the thesis, according to which constitutional right to social guarantees should be within the sphere of competence of both the federal center and the constituent subjects of the Russian Federation depending on the elements being regulated, and such situation should be preserved non withstanding historic stages of its development, centralization or decentralization of competence. Based upon the study the author draws a conclusion on the need to provide greater role for the Russian Federation in the sphere of implementation of the constitutional right of citizens to social guarantees, as a necessary condition for preservation of the united legal territory of the state and implementation of the principles of social state.

Keywords: Constitution, social guarantees, competence, powers, evolution, federal center, subjects, concept, social state, centralism.

Abstract: A contract serves as means of reflecting independent expressions of will of parties to treaties, and it is mostly typical for civil law regulation and for the subjects, which have independent competences and interests. However, lately contractual regulation is used in public relations, and the issue of the category of “administrative contracts” became topical. The article provides theoretical substantiation of an administrative contract as an acceptable and applicable administrative legal form. The article reflects the opinions of Russian scholars on the issues of administrative contracts and social relations subject to their regulation based on their legal nature. The author evaluates the perspectives of development of administrative contracts. The object of administrative law and its goals require the conclusion that a contractual form should be introduced as means for the regulation of social relations. The article shall be useful for researchers in the sphere of administrative law, students, postgraduate students, lecturers.

Keywords: administrative legal form, administrative contract, public management, legal nature, model s of administrative contract, legal characteristics, normative contract, administrative law, scientific problems.

Abstract: The object of studies in this article regards the conflict in the interaction of domain name and trademark, as two elements identifying goods or services. The goal of the article is to analyze the conflict in the interaction of domain name and trademark, to compare the terms “trade mark” and “domain name” , their role in the civil legislation of the Russian Federation, interrelation, and to formulate propositions for the improvement of civil legislation of the Russian Federation. The methods used for writing this article include the following: general scientific methods, and specific scientific methods, such as dialectic, legal logical methods, and comparative legal method. The results of the research show that it is necessary to recognize domain names as copyright protected objects in order to provide them with due protection and to avoid constant violations from bad faith domain businessmen. It is found out that the relations between the trademark and domain names include external and internal conflicts. The external conflicts include competition between the trademark and the domain name as identifying elements, and the internal conflicts include repetition or copying of trademark, confusion in terminology, which leads to claims in court. The results of the study may be applied for the amendment of the Russian legislation in order to guarantee rational use of rights to domain names. The conclusions provide that there is need to amend the Civil Code of the Russian Federation with a number of articles, or issue a normative legal act, which would regulate the legal relations regarding domain names. The author offers the following concept of such a legal act: definition of a domain name, procedure of its registration, rights and obligations of the domain name administrator, rights and obligations of domain name registering authority, interaction with trademarks and place of origin of goods, linguistic expertise of domain name, termination of rights to a domain name.

Keywords: trademark, domain name, conflict, intellectual property, author, goods, service, owner, WIPO, Russian Institute for the Public Network.

Abstract: The article contains a thesis that at the current stage of development of the society the doctrine of religious security of the Russian Federation becomes one of the key elements for the national security guarantees. The author formulates the doctrine of religious security of Russia and studies its legal nature. The author studies key elements of the religious security doctrine of Russia, including its goals, definition and classification of threats to religious security, constitutional legal basis for religious security, religious security system, principles for the religious security guarantees, as well as legal mechanisms for such guarantees in the Russian Federation. Having studied the mechanisms for the guarantees of religious security of Russia, the author makes the following conclusions. The degree of protection of Russian society from religious threats is to a great extent dependent upon the model of relations between state and religions. Currently in Russia there is need to recognize some religious organizations as having traditional status, which would allow them to resist a wide range of threats to religious and national security of the Russian Federation. The article studies the possible legal mechanism for acquiring such a status. Efficient fight against the religious threats is not possible, unless the state cooperates with religious and social associations, other organizations, and it also should be reflected in the religious security doctrine of the Russian Federation. This doctrine should be formulated with the due regard to the experience of foreign states. Foreign legislation in the sphere of religious security is not limited to the norms on religious freedom, it also has various provisions against destructive religious and pseudo-religious organizations. Additionally, in the opinion of the author the legal doctrine of religious security of the Russian Federation should provide for the need to neutralize the threats to religious security, as localized outside the Russian Federation.

Keywords: jurisprudence, doctrine, traditions, denominations, religion, security, Constitution, national security, state, ideology.

Abstract: This article includes complex analysis of the influence of political, economic, international legal factors on the decision-making in the sphere of criminal law. The author discusses the issues of development of criminal policy in order to avoid passing non-systemic, fragmented criminal law solutions. The accent is made on the need to develop criminal political science as an independent science, which should be based upon the traditions of the Russian criminal law science and use the theoretic and instrumental approach, as it was formed within the system of criminal law sciences. It is stated that the tendencies of development of norms of criminal law regulating the relations in the sphere of economics are aimed at minimizing criminal law influence upon the economic subject. Within this article the author pays attention to the influence of society upon decision-making in the criminal sphere, and on criminal law-making in particular. Application of criminal law norms has consequences, which in some sense may be more significant than in any other branch of law. It is related to the vital interests and it is an expression of power in its strictest form – via prohibition and coercion.

Keywords: criminal policy, criminal political science, criminal legal thought, criminal law-making, legislative initiative, social factor, economic factor, political factor, modernization of criminal law.

Abstract: In this article the author studies a topical and complicated issue regarding the main causes of corruption development in Russia. The author also expresses his opinion and provides analysis of the most important causes, which become barriers in the way of development of the anti-corruption policy of the state. The article evaluates position of the Russian Federation in the international arena and among the “Big Twenty” states in the sphere of activities against corruption risks. The methodology of studies is based upon structural and functional analysis, allowing to evaluate various objects within the social system from the standpoint of their functions in regard to the broader interpretation of corruption. The study has shown that in spite of the fact that key causes of appearance and growth of corruption in Russia are economic, they should not be viewed outside the scope of other factors, since they are all directly related.

Keywords: corruption, corruption-related, modern condition, definition, causes and conditions, means and methods, spread of corruption, interrelation, analysis, fighting.

Abstract: This scientific article is devoted to the legal analysis of constitutional legislation on parliamentary responsibility of the Government of the Russian Federation. The article attempts to reflect the general characteristics of parliamentary responsibility of the Government of the Russian Federation through the prism of interaction between legislative and executive branches of government. The author analyzes the provisions of the Constitution of the Russian Federation on constitutional legal responsibility, and special attention is paid to parliamentary responsibility of the Government of the Russian Federation to the Parliament of the Russian Federation in accordance with the legislation of the Russian Federation. Based upon the studies in this sphere and the analysis of the current Russian legislation, the article attempts to support the thesis that the Government of the Russian Federation is politically responsible, which may lead to its resignation. The responsibility of the Government may be collective as well as individual. The author analyzes the legal basis for the application of coercive measures towards the Government, as well as the situations, when constitutional legal relations appear, their goals, causes and subjects. In the opinion of the author the members of the Government of the Russian Federation, as well as the Government itself are personally responsible to the President of the Russian Federation, rather than the Chairman o the Government or the Parliament. This once again shows the dominant position of the President of the Russian Federation in the sphere of influence on the executive branch of government. The author support the position that there is need to establish a unambiguous legal mechanism for implementation of responsibility of the Government of the Russian Federation and the Parliament of the Russian Federation, which could guarantee efficient implementation of constitutional obligations. As a conclusion, the author analyses the causes of government resignation under the norms of constitutional legislation on various bases. The said circumstances made the author address the problems of current Russian legislation on parliamentary responsibility in the Russian Federation.

Keywords: parliamentary responsibility of Government, the Government of the Russian Federation, executive branch, the President of the Russian Federation, the State Duma of the Russian Federation, legislation, the Constitution of the Russian Federation, termination of competence, resignation of the Government, control.

Abstract: The article describes the process of development of international legal regulation of trade and economic relations between the USSR and the USA starting from the time of formation of the USSR, and ending with its break-up. He provides brief analysis of the key trade and economic treaties among two states. Special attention is paid to the trade relations between two states during the 2nd World War. This issue is topical, since two states – the USSR and the USA belonged to different social and economic formation, and had an impact upon their trade and economic relations. Throughout all of the stages of Russian-American relations their economic element was closely connected and directly determined by political interests of the states, first of all, of the USA. Usually, the problems in political relations caused stagnation or lessening amount of foreign trade and economic relations in other spheres.

Keywords: the USSR, the USA, trade, economics, land-lease, treaties, international, trade relations, trade and economics, Soviet-American.

Abstract: The economic substance of tax planning, as one of the most important functions of the tax administration process, has been clarified in the results of research into discussed questions. Problems of improvement of tax planning efficiency at the national and sub-national levels have been identified. Criteria of tax planning classification have been analysed and identified. Tax planning of economic entities, as an integration process lying in the regulation of its financial and economic activity, in accordance with the strategy of organization of development and in the frames of the effective tax legislation of the Russian Federation, has been examined. The practicability of introduction of the “tax planning” conception into the Tax Code of the Russian Federation has been proved. The necessity of development of methodological and methodical fundamentals of tax planning on macro-, meso– and micro-levels has been demonstrated.

Keywords: taxes, planning, classification, forecasting, methods, estimation, taxation, base, relief, organization

Abstract: This article is devoted to history and analysis of influence on the decisions of the European Court of Human Rights on the development of states, their history and law. Special attention is paid ot the European Convention on Human Rights (formally, the Convention for the Protection of Human Rights and Fundamental Freedoms), and analysis of the claims to the European Court. The article includes analysis of historic development, drafting and adoption of the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the causes of its amendment and the need for additional Protocols. This problem is analyzed with the use of dialectic, historical, systemic, and comparative legal methods. The author considers that currently the Convention develops its protective systems. The Protocols, which came into force, amend and change it, and improve the functions of the European Court on Human Rights as a whole. Based upon the above-mentioned issues, one may draw a conclusion that the decisions of the European Court on Human Rights regarding the states, including the Russian Federation are precedents, and judicial practice of the ECHR in cases regarding the Russian Federation should be recognized as a source of Russian law.

Keywords: Convention, unity, sovereignty of the state, human rights, claim, freedom of address, Protocol, protection of rights, Committee, Commissar.

Abstract: The article includes a novel approach to the stages of constitutional judicial process, which previously was not expressed within the science of constitutional law. The basis for the studies was formed by the procedures of the constitutional courts of the states formed in the territory of former Yugoslavia (Bosnia and Herzegovina, Macedonia, Serbia, Slovenia, Croatia, Montenegro), which are used in order to implement the functions of the constitutional justice bodies. Attention is paid to the specific features of initiating proceedings in the constitutional courts of the former Yugoslavia states, which is due to the right of the courts to initiate proceedings on constitutionality and lawfulness of acts by their own initiative. For the studies the author uses comparative and legal normative analysis. The author makes a conclusion that the stages of constitutional judicial process are very similar to the stages of “classic” judicial process, but they do have their specific features. At the same time, the author supports the position that the stage of formation of the grounds for initiation of the constitutional proceedings should be regarded as the first stage of constitutional judicial process, and the revision of the decision of a constitutional court should be regarded as the last stage.

Keywords: constitutional judicial process, constitutional court, stages of the process, constitutionality, lawfulness, former Yugoslavia states, constitutional proceedings, constitutional justice, constitutional control, Constitution.

Abstract: The article concerns the rules for assigning punishments for the crimes, which according to the law may be punished with death penalty or life sentence. The author analyzes the norms of the Criminal Code of the Russian Federation and the Criminal Procedural Code of the Russian Federation, paying attention to the issues of mitigation of punishment in case when deprivation of freedom (term in prison) is assigned. The author also analyzes the issues of historic development of norms on mitigation and aggravation of punishment. The methodological basis for the study is formed by the combination of principles and methods of scientific analysis. The article uses dialectic and private law methods. The article includes an attempt of scientific analysis of the issues regarding obligatory mitigation of punishments under the provisions of p. 2-5 of Art. 62 of the Criminal Code of the Russian Federation. The author defines the contents of the norms on obligatory mitigation and aggravation of punishment. In the process of study the author singles out the difficulties in understanding of the norms on obligatory mitigation and aggravation of sentence due to lack of clarity in their legislative formulae. The author also attempted to form propositions on the current situation and perspectives for the development of the rules for obligatory mitigation and aggravation of sentence taking into account the latest legislative amendments.

Keywords: attempted crime, recidivism, trial by jury, capital punishment, aggravating circumstances, mitigating circumstances, obligatory aggravation, obligatory mitigation, assigning punishment, conflict of laws.

Abstract: The article provides a novel differentiated approach towards the nature of decisions and legal positions of the Constitutional Court of the Russian Federation. Depending on the presence of general conclusions author offers to distinguish among the decisions the normative enforcement (no conclusions regarding the status of legal norm); normative interpretation (conclusion on actual contents of the norm); normative correction (changing the contents of a legal norm due to a constitutional defect of a legal norm). Accordingly, these decisions serve as acts of legal enforcement, legal interpretation, and sources of law. The legal positions of the Court, which are conclusions of the court on the questions posed to them, are different from the decisions. Decisions and legal positions correlate as form and contents, part and whole. The author offers to distinguish normative and doctrinal legal positions, negative and positive legal positions, temporary and permanent legal positions. The author proves that the normative legal positions of the Court, as expressed in normatively correcting decisions of the Court serve as a specific source of law, which may not be included into any of the previously known groups of such sources, due to its unique legal qualities.

Keywords: the Constitutional Court, legal norm, legal position, correcting legal norms, interpreting legal norms, doctrine of the Constitutional Court, source of law, form of law, precedent, judicial law.

Abstract: The study of the “power” concept in Russian and English languages presupposes a linguistic view of a political discourse via the analysis of interrelations between language an d politics. The language is used for conceptualizing the reality, therefore, the legal practice plays an important role in establishing the meanings of political terms. The article uncovers and describes the differential elements of the “power”/”vlast” concept in the two languages. The etymological analysis of the terms “vlast”, “power”, and “authority” shows how the historical experience of native speakers is reflected in them, and how it influences the current understanding of this concept. The comparison between the concepts in English and Russian political discourses shows considerable differences in their contents. Specific features of the concept of “power” in the Russian political discourse is due to the fact that in the Russian-speaking culture it reflects the position of having competence and ability to rule and govern, while in the Anglo-Saxon political culture, it mostly refers to the ability to act and express dominion. The English language concept has another important semantic element, which is the “lawful ability to act, competence, right”. The semantic field of the Russian language concept lacks the element of “lawfulness”. The article also analyzes emotional evaluations of the concepts in two political discourses through the comparative analysis of associations caused by the stimuli words among the English and Russian speakers. Thanks to the linguistic analysis a new step towards understanding political phenomena is taken, and understanding of the specific features of the “power” concept in different political cultures has an input into the critical discourse studies.

Keywords: power, political discourse, Russian language discourse, Anglo-Saxon political culture, concept, cognitive studies, linguistic analysis, hypothesis of linguistic relativism, comparative analysis, discourse studies.

Abstract: The article is devoted to explication of the theoretical position of B.A. Kistyakovskiy regarding the basic elements of the research program for the legal studies, role of social norms in the formation of social scientific platform for the studies, and contents of genetic method of legal studies. The author analyzes various aspects of legal thought of B.A. Kistyakovskiy, his attitude to legal positivism, his criticism of dogmatic jurisprudence, correlation of social and legal matters, importance of method in law, formation of law within the social matter, etc. Special attention is paid to the methodological criticism of the “descriptive” methods of dogmatic (positive) jurisprudence and characteristics of “cause-and-genetic-explanation” methods. It is important to note that in the opinion of B.A. Kistyakovskiy study of norms in the cognitive activity of people requires application of “obligation category” to scientific cognition. The author states that the concept of integrative genetic legal understanding was formed in Russia within the sociological school of law. He notes that it is in the works of P.I. Novgorodtsev, S.A. Muromtsev, B.A. Kistyakovskiy that we may find the theoretical scheme for the synthetic understanding of law, based on unity of method and understanding and scheme for legal cognition, rather than upon uniting various aspects of legal understanding, which was what B.A. Kistyakovsky insisted on.

Keywords: research program, axiomatic standards, integration theory, genetic method, social norm, social and scientific terms, natural scientific terms, causation relations, generality category, necessity category.

Abstract: The object of study in this article is Russian constitutionalism, its nature, principles and factors, allowing for its implementation, as well as the perspectives of constitutional target-setting in Russia in the light of urgent need for constitutional reform. The author pays much attention to the definition of constitutionalism, as well as the history of its development in the Russian state. Based upon his own study and analysis of numerous works of legal scholars, as well as upon the comparison of provisions declared by the Constitution with the political, economic, social and cultural reality, then the author draws a conclusion that there are deeply rooted contradictions in the Russian constitutionalism, and they allow one to call it non-sustainable. In the process of studies the author used the following methods: classification, analysis, synthesis, comparative legal studies, empirical and historic methods. The article includes scientifically novel elements, such as author’s definition of constitutionalism, as well as defining the vector for the constitutional target-setting in Russia and the main prerequisites for the constitutional reform.

Keywords: state system, constitutionalism, constitutional reform, constitutional crisis, constitution, legal culture, social systems, administration, functions of the constitution, target –setting.

Abstract: The article is devoted to the category of the right to liberty and personal inviolability. Liberty and personal inviolability are presented as interrelated elements of human right, which stands for the freedom of a person from unlawful and ungrounded arrest and other acts causing loss (limitation) of its physical liberty. Based upon the analysis the authors make a conclusion that the term “deprivation of liberty” includes not only imprisonment and detention, but also other coercive measures for isolation of a person, limitation of his liberty and person inviolability, such as home arrest. The terms “apprehension”, “taking in custody”, “arrest”, “deprivation of liberty” are analyzed in accordance with the international legal acts. The authors also analyze related English terms. In addition the authors study semantic qualities of “apprehension”, and “taking into custody”. The article also includes position of the European Court on Human Rights on deprivation of liberty.

Keywords: freedom, personal inviolability, taking into custody, imprisonment, deprivation of liberty, limitation of liberty, home arrest, apprehension, isolation, human rights, the European Court on Human Rights.