Abstract: The author reviews the key problems in the sphere of migration policy. Among these problems she singles out the following: the long-standing demographic crisis since 1991 to current time; migration balance, which does not cover the natural loss of people, unreported (illegal) labor migrant streams from the neighboring countries. The author considers that the changes in the legislation and the bylaws of the Russian Federation may be characterized with the following: the existing quota mechanism is not very efficient, and it shall probably be recalled, there shall be stricter responsibility for the violations of the migration legislation. The Criminal Code of the Russian Federation is likely to be amended, and so shall be the federal laws. The author uses the following methods: analysis of normative materials, comparative legal studies, synthesis, as well as some other classical methods applied in jurisprudence. The article contains the following conclusions: the reform of the migration policy of the state takes place under the influence of variously polarized and hardly predictable factors: social tension in the society remains an acute problem for the state institutions, reforms of the state in the state migration policy become repressive and limiting, influencing Russian citizens as well.

Keywords: State migration policy, migration streams, legislation, social tension, reforms, migration balance, labor migrants, illegal migrants, constitutional rights, human rights.

Abstract: The main problem in the sphere of formation of the migration policy in the Italian Republic is extreme liberalism regarding tourist streams and weak protection of external boundaries from the sea. Currently the migration streams have a significant impact upon the demographic, social and economic situation in Italy, causing the need for the state regulation of migration within the framework of the legislative process as a whole, as well as in some executive institutions. The experience of law-making in the sphere of migration is extremely important for choosing the further strategy of the state in migration regulation. Analysis of the current normative legal acts regulating the issues of migration policy of the Italian states shows that the prohibiting measures do not attain the needed results, they just stimulate illegal migration into the state. This matter requires a conclusion on the development of the new strategy of regulation of the migration streams by the Italian legislators. The article concerns the key domestic legislative acts regarding migration regulation, which are applied in the Italian states, as well as the provisions of the EU legislation on the migration policy, which are applied outside its territory. The international experience in general and the experience of Italy in particular may serve as the basis for the improvement of the normative legal regulation of the migration streams in the modern Russia. In this respect there is need to evaluate the experience of the normative legal regulation of the migration streams in the Republic of Italy from the standpoint of formation of the conceptual fundamentals for the migration policy of the state.

Keywords: Migration, migration legislation, migration legislation of Italy, state migration policy, fundamentals of the state migration policy, normative legal basis for migration, public security department, unified migration department, police control, the Constitution of Italy.

Abstract: This article provides a complex comparative legal study of the measures of forced labor correction of convicts serving punishments without isolation from the society. Taking examples of England and France (representing Anglo-Saxon and Roman-German legal system) the author shows the tendency for the humanization of the applied criminal punishments. Since these two states belong to different legal families, there are some specificities regarding assignment and execution of alternative punishments (to imprisonment), regarding correctional labor, allowing to single out independent models of criminal law influence. At the same time similar measures may be accepted similarly in different states, which is due to the globalization of the criminal legal policy. In the process of studies the author applied various methods, such as analysis, synthesis, analogy, comparative and legal methods. The article contains references to English and French legislative sources translated by the author, as well as their comparative legal analysis. The author notes practical and theoretical value of foreign experience for the optimization of the system of punishments in Russia. The demand for the alternative punishments involving correctional labor corresponds to the main directions of criminal and penal policies of the modern states.

Keywords: Humanization, alternative punishments, correctional labor, obligatory labor, punishments in foreign states, probation, penitentiary system, foreign legislation, execution of punishments, globalization.

Abstract: The object of studies involves public discussion of the issues of fighting corruption as the form of interaction of the civil society institutions with the public government bodies in the process of implementation of public control. The goals of the study involve the following: 1) discussing elements of public discussion on fighting corruption as the form of interaction of the civil society institutions with the public government bodies in the process of public control implementation; 2) providing structural analysis of the main elements of the public discussions of the issues regarding fighting corruption as a form of interaction of the civil society institutions with the public government bodies in the process of public control implementation; 2) to offer the vision of the author regarding public discussions on issues regarding fighting corruption as a form of interaction of the civil society institutions with the public government bodies in the process of public control implementation. The methodological basis for the study involves dialectic materialism and the general scientific cognition methods based upon it, including structural analysis, etc. The scientific novelty of the study is due to the fact that for the first time in the Russian scientific literature the author views the public discussion of issues of fighting corruption as a form of interaction of the civil society institutions with the public government bodies in the process of public control implementation, discussing its contents, providing its scientific definition, which may be used for the further scientific studies.

Keywords: corruption, fighting corruption, anti-corruption policy, public discussion, public control, public government bodies, civil society institutions, interaction, public discussions, public hearings.

Abstract: The article is devoted to the issues of genesis and development of the functions of the criminal prosecution and supervision in the procedural activities of the prosecutor in the course of pre-trial proceedings in the legislation of the Russian Empire. Through the analysis of the evolution of the legal norms regulating the activities of the prosecutor (from the institution of the Prosecutor-General to the formation of the judicial system based upon the Charter of Criminal Judicial Proceedings of 1864) the author discusses the contents of this system. The author establishes significant features of the institution of prosecutor in the Russian Empire and its efficient activities in the pre-trial judicial proceedings involving simultaneous prosecution and supervision activities. The author substantiates the thesis that correlation and co-dependency of supervision and criminal prosecution functions at this stage mostly depends on introduction of the dispositive elements in the pre-trial proceedings and their correlation with the inquiry elements. The methodological basis for the studies involves the provisions of the dialectic cognition method. In addition the author uses systemic, structural, comparative legal, logical legal and historical scientific research methods. Novelty of the study is due to the complex historical and legal studies of contents and implementation of the functions of prosecution and supervision by the prosecutor at the pre-trial stages of criminal process according to the legislation of the Russian Empire. Taking into account the analysis of the legal sources, comparative studies of the pre-Revolution and modern authors, the author makes a conclusion that in the pre-Revolution Russia the prosecutor as a procedural figure simultaneously implemented criminal prosecution and supervision in the course of pre-trial proceedings.

Keywords: Prosecutor, criminal procedural functions, supervision, criminal prosecution, criminal process, prosecution, pre-trial proceedings, Charter of Criminal Judicial Proceedings, position of the Prosecutor General.

Abstract: The article concerns formation and development of the legislation in the largest early feudal state of the Western Europe – the Frankish Kingdom. Capitularies – orders of the Kings and Emperors play a special role in the history of legislation of the Frankish Kingdom. The main goal of passing these laws was resolution of judicial and administrative cases, regulation of family relations, activities of the church institutions, economic activities, organization of schools, etc. Kings and Emperors often used Capitularies for the sake of centralization of the political power as means of political strife, they attempted to distinguish overlapping competences of the judicial power of the King, the Dukes, the holders of patrimonial estates, Seniors, to guarantee the protection of church and its property, to fight the opposition of the conquered nations. When writing the article the author employed the following study methods: general scientific cognition methods (analysis, synthesis, systemic method), as well as logical and historical methods of scientific research. As a result of the study the author made a conclusion that the legislation played an important role in the evolution of the feudal relations in the Frankish society after the slave-owning system, and later in the formation of the statehood in the Frankish kingdom. In the process of developing statehood, there is a strengthening of power of a king in the legislative sphere. The various normative acts are actively developed and adopted, but the main form of legislative acts was Capitulary – a King’s decree.

Keywords: Carolingian dynasty, Merovingian dynasty, sources of law, Charlemagne, the Frankish kingdom, Capitulary, Salic code, royal lands, royal power, the history of the Francs.

Abstract: The article provides evaluation of the key approaches of the Russian pre-Revolution scholars regarding legal elements of the forgery by an official, the author provides a retrospective analysis of the formation of responsibility for this type of crime. The author has studied the pre-Revolution practice on criminal cases regarding forgery by an official in the Russian courts, allowing to single out the most typical forgery cases in the practice of criminal cases. In addition the author analyzes doctrinal sources, which are devoted to the criminal law regulation of the relations appearing due to the forgery by an official: works of the Russian lawyers of the pre-Revolution period, such as N.S. Tagantsev, I.Y. Foynitskiy, works of the representatives of the Soviet criminal law science, such as A.N. Traynin, T.L. Sergeeva, V.M. Lebedev. When writing this article the author involved general scientific methods, such as formal logical method, historical retrospective analysis, classification, abstraction, induction and deduction, hypothesis, as well as special legal methods: formal legal method, method of evaluation of the judicial practice, method of legal modeling, method of interpretation of legal norms. It is noted in the article that the Russian legislator always tends to be selective, when protecting the procedure of formation and turnover of commercial documents. In addition, the author singles out some specificities of forgery by an official, which are typical for the Russian criminal law on such forgery. These specificities include the purpose of an offence to act against the established order of document turnover in the official (municipal) bodies; presence of dependency of the immediate object from the object of criminal encroachment; presence of the special subject of criminal responsibility for such a crime: an official, a municipal (state) servant. In addition, it may also be a person implementing administrative functions. The author also provides her own definition of forgery by an official.

Keywords: Forgery by an official, forgery, pre-Revolution legislation, document turnover, information, definition, historical analysis, false, false information, crime by an official.

Abstract: The article is devoted to the analysis of the legal elements in the Glorious revolution of 1688-1689/ The article concerns the main achievements of the English revolution of late XVII century, which had laid a foundation for the formation of the constitutional monarchy in England. Legal results of the Glorious revolution of 1688 – 1689 are not limited to 1689 alone, and the author offers to widen the temporal scope and to view the legal elements in the events from 1679 to 1707. That is why, among the normative legal acts providing for the legal results of the Glorious revolution one should mention the following: Habeas Corpus Act of 1679, decision of the House of Commons providing that it is not acceptable for its members to hold official positions (December 30, 1680); Declaration of Rights of 1689, which was later included into the Bill of Rights of 1689, the Mutiny Act of 1689, the Triennial Act of 1694, Act of Settlement of 1701, Act of Union with Scotland of 1707, Act of Positions of 1707. The methodological basis for the study was formed with the historicism principle. The author used formal legal, comparative legal methods of studies, as well as comparative statistical method of studies of empirical data. The period from 1679 to 1707 was a legal rupture and it summarized the results of several centuries of strife for the rights of the English subjects. This period laid the foundation for the legal separation of powers, and for the future work of the English thinkers towards the reform of constitutional legislation and bringing the English monarchy towards the modern type of parliamentary monarchy.

Keywords: Parliament, Crown, Glorious Revolution, Great Britain, Bill of Rights, succession to the throne, William of Orange, Habeas Corpus, Jacob the II, Scotland.

Abstract: This article provides for some aspects regarding implementation of the supervisory function by the Prosecutors within the context of the recently adopted Federal Law “On the Procedure for Serving Administrative Arrest”. The author notes that at the early stage of implementation of this legal act there were no sufficient guarantees in the by-laws, while the Prosecution – General of the Russian Federation could have facilitated this process. The author also voices the proposals for the need to amend the said law with the provisions specifying the mechanism for the implementation of prosecutor supervision in this sphere. The article provides analysis of the current legislation and conflicts of laws, complicating the legal relations in this sphere. The scientific novelty of the article is due to the fact that at the time, when the article was being prepared, there were no published article regarding the specific features of prosecutor supervision over the implementation of the Federal Law “On the Procedure for Serving Administrative Arrest”. The conclusions and propositions of the author have scientific novelty.

Keywords: Prosecutor, prosecutor competence, prosecutor bodies, prosecutor supervision, prosecutor control, implementation of the law, violation of the law, reaction acts, protest of the prosecutor, administrative arrest.

Abstract: The author studies the measures against the environmental offences committed by the people in the rural areas, as well as by the officials and heads of commercial and non-commercial organization with low level of legal conscience. The author pays attention to the high level of latent offences, as well as to the appearing difficulties in the activities of the law-enforcement bodies in revealing the guilty persons and entities and establishing the amount of damage caused by them. The difficulty concerns the lack of material and financial guarantees of public and non-governmental environmental activities, there is a lack of efficiency of control and supervision measures, there is no due mechanism for the participation of the general public in fighting environmental crime. The situation, dynamics, level of latent offences and other markers for the offences in the sphere of unlawful wood-cutting in the forests are analyzed by the author based upon official and scientific sources with the use of statistical data collected by the author. The positive moment in fighting unlawful wood-cutting may be the system of automatized reporting of timber and provision of forests. This system should include the information on all those involved in forest management and clear information on transportation of timber to the processing centers (including automobile transportation, amount and quality of timber, receiver and sender of goods, etc.).

Keywords: Nature management, latent character, responsibility, illegal wood-cutting, offences, forest, environment, timber, forest enterprises, crime.

Abstract: The article is devoted to the analysis of the so-called “economic amnesty” as the type of dismissal from criminal responsibility for the crimes in the economic sphere. The author singles out the general characteristics of amnesty as a type of dismissal from criminal responsibility, providing analysis of its application to the economic crimes. Based upon the analysis of the practice of application of the decree on the amnesty, the author shows the difficulties regarding legal formulae and de facto implementation of the amnesty conditions, especially those concerning compensation of the damage. The author analyzes the general targets of the amnesty. The article is based upon the use of sociological and formal legal methods in the analysis of the practice of amnesty application. The author also used statistical method in order to evaluate amnesty efficiency. The practice of application of amnesty has shown its imperfections in part of defining the conditions for the amnesty, their procedural implementation at the pre-trial and trial stages of the criminal process. In the future the use of such amnesties seems unviable, rather, the criminal law should be amended to make some sanctions in the Articles of the Special Part of the Criminal Code of the Russian Federation more humane, and the legal practice should be corrected in order to avoid judicial mistakes.

Keywords: Amnesty, crime, sphere of economic activity, freeing, criminal responsibility, compensation of damage, principle of humanism, elements of a crime, rules of a game, “pre-ordered” cases.

Abstract: The author analyzes Art. 152.2 of the Civil Code of the Russian Federation, and its contents, as well as the practice of its application provide basis for ambiguous evaluation, since they may weaken the protection of the inviolability of private life, rather than strengthening this protection. The problem is especially acutely focused on the private life of the renowned persons, the so-called “public persons”, “public figures”, “persons of public professions” and the wishes of the mass media specialized in news from “star life” (so-called “yellow press”) to use this information in order to sell their products. Methodological basis for the article was formed with the modern legal teachings and methodology of scientific cognition. Methodological basis is formed based upon the philosophical and general scientific methods of systemic analysis, generalization of normative materials and judicial practice, dialectic and specific historical approaches towards the problems in question. The article has certain scientific novelty. The provision that there is no violation of part 1 of Art. 152.2 of the Civil Code of the Russian Federation if the information on private life was generally accessible or was divulged by a person himself or according to his will should be terminated from the text of Art. 152.2 of the Civil Code of the Russian Federation, providing that divulging information by a person or according to his will only concerns the source where such an information was provided. And only this source of information (title owner of this source) may be relieved from responsibility for collection, preservation and distribution of information on private life of a person, if the latter shall bring a claim. The condition should not apply to other persons.

Keywords: Inviolability, immaterial value, non-proprietary value, private life, Internet, compensation, moral damage, mass media, public persons, information.

Abstract: The article provides a brief historical and comparative analysis of the main approaches of the criminologists of the Georgian, Latvian, Lithuanian, and Estonian Soviet Socialist Republics of the former USSR towards territorial differences in crime markers and their causes. The author describes theoretical nature and methodological elements of the approaches, such as comparative criminological analysis, studies of geography of crimes and their dynamics, systemic approaches towards territorial (area-related) structures (residential structures, administrative regions, certain regions), etc. The article involves comparative historical method for the studies of approaches of scientific schools and certain criminologists of the former USSR (1970s-1980s) towards studying the causes of territorial differences in crime. The article contains analysis of initial prerequisites and further approaches towards widening and deepening of the scope of territorial and methodological basis for the studies of the causes of territorial differences in crime. For example, by the mid-1980s the Soviet criminologies have theoretically substantiated the need to understand territorial (regional) and residential structures as types of complicated social and economic structures. At the same time the complications and contradictions in the functioning of such systems should inevitably influencing the markers of the criminal activities of the population.

Keywords: Soviet criminology, territorial differences in crime, Georgian SSR, Latvian SSR, Lithuanian SSR, comparative criminological analysis, geography of crime, systemic approach, causes of crime.

Abstract: In the XXI century the need for the constitutional control in a democratic rule of law state, which is based upon the principle of separation of powers, is undoubted. The institution of constitutional control held various forms and methods of implementation throughout its history. The article is devoted to one of the issues in the theory of constitutional control, namely, the definition of this institution. The author attempts to take part in the scientific discussion regarding definition of “constitutional control” and its correlation with the “constitutional supervision”. In the course of the analysis of the key existing approaches towards defining “constitutional control” in the science of constitutional law, the author mostly employs formal legal and comparative legal methods. Having analyzed the main current approaches towards the definition of “constitutional control”, the author provides her own definition of this institution based upon various matters, including the experience of the former Yugoslavia states in the sphere of constitutional justice. In the opinion of the author constitutional control is the activity of the competent state government bodies towards control (and if necessary, support) compliance or non-compliance of laws, other normative and general acts, acts and omissions of public government bodies, organizations and non-governmental organizations to the Constitution.

Keywords: Constitutional control, constitutional supervision, constitutional court, constitutionality, lawfulness, former Yugoslavia states, constitutional order, Constitution, non-constitutionality, illegality.

Abstract: The object of studies involves a theoretical and legal model of volunteerism in the Russian Federation. The authors of the article analyze topical issues regarding definition of volunteerism, its differences from charity and other social matters. The article provides an attempt of legal analysis of the Draft Law N. 300326-6 “On Volunteerism”. The authors also reveal the positions of other researchers in this field. The authors show the importance of the matter in question for the Russian political and legal reality, as well as causes and motivation of volunteerism, its classification. The methodology of the studies involves the following methods: dialectic, metaphysical, analysis, synthesis. In their studies the authors base their approach upon the general dialectic cognition method, allowing to single out the logic of the matter in question and define its level. The metaphysical method has allowed to formulate the definition of the volunteerism. The methods of synthesis and analysis have led to logically formed classification, provisions for the contents of this social and legal matter. Novelty of the work involves an original theoretical and legal model of volunteerism. The authors formulate the definition of volunteerism, singling out its legal and social elements. The authors provide classification with the relevant criteria being defined. The authors refer to goals, fundamentals and motivation of this matter, substantiating the understanding of volunteerism as a complicated multi-level matter. The authors have formulated the elements of volunteerism, paying attention to its special socially valuable role in Russia.

Keywords: Volunteerism, charity, non-mercantilism, social and legal model, philanthropy, religion, ideology, mercy, civil feeling, good.

Abstract: The article concerns definition, nature and the possibilities for holding judicial dermal glyphic expertise, as well as the problems for the development of dactylography and dermal glyphic studies. Holding such an expertise may be necessary in order to establish the factual data on genetic specificities of a human bodies in the course of personal identification. Attention is paid by dermal glyphic expertise (studies) provided by various institutions, while their results are commercial or advertisement-related, and they are not scientifically substantiated. These expert opinions contain no comparative analysis of the specific features of papillary patterns of hands, they employ various methods. The said analysis has shown that both the dermal glyphic studies and dactylography study the specificities of the papillary patterns of hands and feet, however, the methods of classification, analysis and evaluation of ridge patterns are different, so it requires special education of experts. Evaluation of nature, definition and possibilities for holding judicial dermal glyphic expertise as a complex study of papillary figures is timely and important, since it provides a clear idea on methods involved, results and allows to distinguish it from other dermal glyphic studies for the commercial purposes.

Keywords: Dermal glyphic studies, dactylography, dermal glyphic expertise, study, complex expertise, papillary patterns, identification, specialist, expert, criminalist-expert.