Abstract: The problem of socialist ownership privatization inconsistency with the Constitution of the Russian Federation is considered in the following aspects: 1) Departure from the constitutional provisions on equality of citizens before the law and court; 2) Violation of the privatization legislation; 3) Unlawful (contrary to the legal principle of formal equality) nature of de-socialization of socialist property through its privatization. The author focuses on the analysis of the civilism concept, i.e. post-socialist social system based on the new form of personal (neither public nor private) property as a result of applying legal principle of formal equality in the process of de-socialization of socialist property. The author justifies the importance of this concept for the determination of constitutional and legal parameters of the social contract on property, without which it would be impossible to achieve normal economic, political and legal development of the country. This concept outlines the legal parameters of such de-socialization, allowing it to enter into the framework of the existing Constitution. Scientific potential of the concept allows defining the constitutional and legal contours of the social contract of property.

Keywords: privatization, socialization, socialist property, constitution, the principle of equality, justice, civilism, Constitution of the Russian Federation, individual property, concept.

Abstract: Upon the modern conditions of agricultural production organization, the state agrarian policy is not implemented effectively. One of the most important factors for increasing its efficiency is positive perception and awareness of the importance and significance of the goals, objectives, content and the expected results of implementation of the said policy at the primary production level directly by the agricultural producers. Today, the “landing” of the agrarian policy is paramount. The vast majority of agropolitical solutions are adopted and implemented at the macro level, without reaching the primary production. Consequently, direct agricultural producer is left out from the political and administrative influence. This results in the fact that the objectives of agrarian policy are not reached and its tasks are not fulfilled; there is no qualitative change in the system of agricultural production. Improvement of its efficiency and stability is seen on the way of implementation of agrarian policy by each agricultural producer in all sub-sectors of agriculture and agribusiness. There is a need to revitalize the political activities aimed at the positive perception of the updated modern agricultural policy in order for it to regain trust. We conducted a study on the basis of scientific and special methods (system approach, general philosophical methods, the historical method, etc.). Scientific novelty of the research consists in the following: 1. First time in modern conditions, we formulated the problem of “landing” of the agrarian policy, namely the problem of awareness, perception and understanding of its goals and objectives by direct agricultural producers and their confidence in the formation of the said policy; 2. Indicators of essence and content of state agricultural policy formulated for the first time; 3. We offer solutions to solving the problem of “landing” of the agrarian policy of the state and enhancing its efficiency in the primary agricultural production. The main conclusion: in order to increase the efficiency of state agrarian policy we need to ensure its implementation through the direct production by all agricultural producers. Only with their trusting and deliberate attitude towards the actions and decisions of the state concerning the agricultural sector will it be possible to make qualitative positive changes to the stability and efficiency of agricultural production.

Keywords: the state, policy, agrarian, economy, production, perception, manufacturer of goods, the will, self-regulation, realization.

Abstract: We investigated the criminal liability for various types of fraud in modern Russia with regard to their differentiation: according to the mechanism of possession of property and various methods of committing. We drew attention to the competition problem of criminal law, providing various types of fraud for adjacent elements of crime and fraud qualification along with other crimes: in lending, upon receipt of payments, in the insurance industry, in the field of computer information, in the field of entrepreneurship, bribery and modern corruption. The article describes the current practice and legislation of the Russian Federation (namely, the Criminal Code) in comparison with several foreign countries, such as Italy, Germany, Holland and Spain. According to the authors, the law must provide for a rule according to which the criminal case on nonexonerative base requires the consent of not only the person called to account, but also the victim. Criminal law should create favorable conditions for the fair market participants and minimize the harm to the economy caused by deception and abuse.

Keywords: fraud, ways of committing, responsibility, qualifications, Insurance Institute, the borrower, payment cards, competition of standards, bribery, corruption.

Abstract: The article concerns the peculiarities of relationship between the European Court of Human Rights (ECHR) and national constitutional courts. In order to identify the specifics of this relationship, the author turns to Bosnia and Herzegovina (BiH), the third part of the Constitutional Court of which is appointed directly by the Chairman of the ECHR. Based on the analysis of foreign law, the case law of the ECHR and the Constitutional Court of BiH, as well as specific historical facts and political developments, the article reflects different aspects of the relationship of these courts, including problems related to the implementation of the ECHR decisions. In conducting the research of the specified subjects, the author mainly used legalistic and historical methods. The results of study led the author to the conclusion that there are virtually no limits to ECHR intervention in the activities of the Constitutional Court of BiH; the latter seems to be more independent from the national authorities than from the ECHR. However, other countries and international and supranational institutions and organizations often use both political and financial levers of influence on BiH in order to force it to fulfill ECHR decisions until the constitutional reform takes place.

Keywords: Bosnia and Herzegovina, the Former Yugoslavia, the Constitutional Court, the Constitution, the Constitutional control, the European Court, the ECHR, the European Convention, Conventional control, access to the court.

Abstract: This article is devoted to the study of the principles of the implementation of administrative justice in Russia. Under the principles of administrative law refers to the main ideas, requirements, regulations, expressing its essence and determining the content of administrative and legal regulations. It should be noted that each branch of law has a set of General principles, characteristic for all its branches, and their own, giving her uniqueness. In essence, the principles are the fundamentals of the industry, a kind of quintessence of its norms. One of the fundamental principles of any branch of law is a competition of parties, which did not find their legislative ref lection of the Code of administrative offences.

Keywords: Jurisprudence, principles, competitiveness, proving, the administrative process, equality, the right to defense, the prosecution, justice, administrative responsibility.

Abstract: The article considers the place of compulsory state insurance institution in the system of military law, discusses the features of implementation of this legal institution and the challenges faced by the military personnel during the implementation of the right to compulsory state life and health insurance; it is concluded that the institution of compulsory state insurance of life and health of the military personnel is a complex legal institution; it is specifically related to the institution of military law and places the Russian Federation among the technologically advanced, socially-oriented civil societies where human rights and freedoms are provided within the proper parameters of justice.

Keywords: Jurisprudence, private insurance, comprehensive institution, military law, military personnel, international obligations, constitutional law, human rights, private principles, public principles.

Abstract: The article examines the concept of the social state and its relationship with the constitutional right of citizens to social security. The author considers the constitution of various foreign countries in order to find whether the principles of social policy of the state and the right to social security are consolidated. The subject of present paper is the constitutional right of citizens to social security in the Russian Federation and Western countries being indicators of the social state. The authors reveals the problems of introduction and development of new elements in the implementation of the right to social security as well as its development in the post-industrial society. These issues are investigated using logical and systematic methods of analysis and synthesis, formal, legal, comparative legal, historical and comparative methods of cognition. This article extends and substantiates a thesis according to which the constitutional right to social security is the main indicator of the welfare state. Building a social state through the implementation of the constitutional right to social security is a strategic task of the state apparatus as well as an obligation and concern of each individual citizen and society as a whole; in order to solve it, mutual responsibility is required.

Keywords: Constitution, the social state, the welfare state, social security, poverty, state social assistance, social services, quality, business, roadmap.

Abstract: Subject of the present study is legislative recognition and practice of implementation of the major social and legal guarantees of judicial independence established by judicial statutes of 1864; they are high material security and pensions from the merits fund in 1860 – the mid-1890s. Choice of the lower chronological boundary is subject to acceptance of the legal statutes in 1864 that established a completely new system of social and legal guarantees of judicial independence; the upper boundary was set during the creation of a special commission for the revision of 1864 acts. The following research methods were applied in the course of study: comparative legal and comparative historical, historical, typological, chronological and other methods. The author studies the measures taken by the Government to improve the material conditions of the crown judges and reveals difficulties in the financing of global justice. It is noted that adoption of a series of acts designed to increase salaries of crown judges did not solve the problem of material security of crown justice, because it was applied to a limited number of persons. The author analyzed the charter norms of merits fund of the judicial department and activities of the fund itself in the middle of 1880s – the end of the 1890s. It is concluded that merits payments significantly improved the social status of retired employees in the department of the Ministry of Justice and members of their families.

Keywords: Independence of judges, salary, crown judge, world judges, zemstvo, municipal duma, merits fund (old age insurance scheme), the Ministry of Justice, N. V. Muravyov, the State Council.

Abstract: This article discusses the process of discussion and adoption of the Basic Principles of Criminal Legislation of the USSR and the Union Republics in 1924 by the USSR Central Executive Committee. The author also examines the amendments to the Basic Principles of Criminal Legislation of the USSR and the Union republics made in 1926-1927. The main problems that have been discussed by the CEC during the meetings include the formulation of objectives of the Soviet criminal law and the problem of differentiation of the subject of legal regulation in the sphere of criminal law in a federal state. The article uses legalistic, historical and comparative legal methods that allowed reconstructing the process of discussion and adoption of the All-Union criminal law in 1924 and making amendments to it in 1926-1927. During the discussion of project of the studied law in USSR Central Executive Committee, there was a clash of two positions: supporters of the preservation of legislative powers of the Union republics and the proponents of a more or less developed Criminal Legislation of the USSR. The first point of view was supported by the Presidium of the CEC, the Constitutional Commission established by the USSR CEC, the Chambers of CEC, and especially the Council of Nationalities. The Supreme Court of the USSR and the People’s Commissars of the USSR supported the second position. The dispute, in fact, was of political rather than legal nature, and concerned the actual problems of the time, namely the amount of authority of the USSR. To overcome the strong resistance of the CEC members of the USSR – regional leaders at meetings of the USSR Central Executive Committee in 1924 was not fully succeeded. The adoption of First Principles of the Criminal legislation of the USSR and the Union Republics in 1924 is a clear example of the complexity of creating a uniform law in a federal state. Incidentally, throughout the entire history the USSR, there was no common criminal law.

Keywords: lawmaking, Soviet criminal law, the CEC of the USSR, distinction between the subjects of management, all-union legislation, the legislative process, the discussion of the draft law, the basics of criminal law, type of crimes, social protection measures

Abstract: In the article, Puryaeva A.Yu. considers the legal regime of forests located within the city (urban forests) in Russia of the late 19th – early 20th century. She also provides the norms of forest charters of different editions operating in Russia until 1917, and the first acts of the Soviet government, reflecting the legal status of the urban forest. The author emphasizes that in the pre-revolutionary period, cities could own forests both by right of ownership, and by fixing, without the right of ownership. An important feature of the legal status of urban forests in the first years of the Soviet regime is the attribution of urban forests to a unified state forest fund.

Keywords: Jurisprudence, forest, forestry, legislation, Russia, municipal, forests, fund, history

Abstract: This article focuses on the challenging issue related to the implementation of such hereditary legal capacity of foreign citizenship holders as inheritance of land belonging to the category of agricultural land and land located in the border areas. This largely formal restriction does not apply to holders of dual citizenship because under the Russian legislation they are considered as citizens of Russia. The author gives the example of similar restrictions operating in the Republic of Estonia and the laws of the Kyrgyz Republic. In writing this article, the author uses the method of comparative legal studies and historical retrospective analysis. Furthermore, this paper follows the method of “proof by contradiction”. The author refutes the widespread thesis that the Russian law explicitly prohibits persons who have foreign citizenship to own land related to agricultural or located in the border area. Since this particular conclusion was based on the general rules of the legislation, it is clear that what is said in this article concerning land relations can be applied to other public relations, legal regulation of which permits restrictions on the rights of participants, personal statute of whom is defined by the rule of law of a foreign country, i.e. corporate and labor relationship.

Keywords: inheritance, testament, foreign citizens, dual nationals, stateless persons, land, agricultural land, legal capacity, active capacity, foreign legal entities

Abstract: The subject of research is the Shafi’i law school, which is known to be formed in the framework of classical Sunni Islam in the early medieval period. By the level of influence and popularity in the Islamic school of law, Shafiizm is second after Hanafizm. The value of this doctrine in the evolution of Islamic justice system was so great that in varying degrees, Shafiizm can be traced in the laws of some countries of the modern East. In the early medieval period, Shafiizm penetrated the territory of modern Russia. The paper investigates the creative path of the founder of Shafi’i law school – a famous thinker of the early Middle Ages ash-Shafi’i (767-820); his views are analyzed in the current system of justice. Particular attention is paid to the sources of law, the appeal to which was allowed within Shafiizm. This is explained by the fact that this classification of sources of law and their methods determines the agenda of legal science in a given time. In this article, for the first time in Russian jurisprudence, the author considers the Shafi’ites approach to the problem of the sources of law in sufficient detail. The study analyzes the features that were inherent to Shafi’i school of law when appealing to both the main and auxiliary sources. Besides, the author focuses on the compromise nature of Shafiizm, which managed to synthesize the most promising provisions of more “liberal” Hanafizm and conservative Malikizm using scientific methods. The importance of domestic experts studying Shafi’i law school is particularly emphasized due to the fact that this doctrine is sufficiently represented in the traditions and practices of some Russian peoples.

Keywords: Shafiizm, al-Shafi’i, legal school, the Arab Caliphate, source of law, the Koran, the Sunnah, judgments of companions, decision at the discretion, area of application.

Abstract: To a great extent, the purpose of this work is the desire of the author to elucidate the real correlation of control and supervisory legal work, including by analyzing the differences between them on the basis of views expressed on the said issue. As we know, the modern Russia is undergoing fundamental transformations that largely affect the functioning of the state mechanism, important elements of which are the control and supervision activities. Control and supervision bodies face new challenges on strengthening law, order and discipline; they need to increase their efficiency and optimize the activities. All the foregoing is largely determined by a complex and in-depth scientific development of the relation of control and supervisory legal activities, precisely from the general theoretical positions. When preparing the article, the author used different scientific techniques and methods of logical knowledge, such as analysis and synthesis, abstraction, modeling, systematic and structural, functional and formal-logical approaches. Special techniques are presented with concrete sociological and statistical methods, whereas scientific are presented with formal legal and comparative legal methods of law interpretation. Comprehensive theoretical and applied interdisciplinary approach to the problem necessitated the use of a system method, which accomplished the integration of theoretical abstractions and provisions in the current legislation. In terms of general theory, the methodology used in the study of control and supervisory legal activities gives the possibility, firstly, to overcome the lag in the scientific development of the aforementioned types of activities of industry sciences; secondly, to show the actual (real, existing) difference between the essence of control and supervision, and to identify the criteria (reasons) for this difference; thirdly, to offer certain recommendations (directions) in order to optimize control and supervisory activities by implementing them in legislative and law enforcement practices.

Keywords: supervisory legal activities, control legal activities, legality, law and order, control of the execution of laws, administrative authority, supervisory control differences, governance, optimization of legal regulation, the state mechanism.

Abstract: Lack of common understanding of “legal regime” definition in the theory of law creates the need for a deep and comprehensive study of this phenomenon. It has different connotations in various areas of law, and sometimes even contradictory ones. In modern Russia, lawmakers often use this term by attaching it quite a different meaning. For legal scholars, the legal regime means not only the law system, but also the Institute of Law and a set of legal tools; this confuses the logic cognition of legal phenomena. Studies of this subject mainly have branch value; they examine the content and the legal nature of the phenomena in relation to their own subject of legal regulation, without the use of elements of comparative law. According to the results of this work, the author concluded that: 1. Legal regime is a special legal regulation of specific social relations through a set of legal tools, aimed at achieving a result positive for society and the state, in certain relatively short periods of time, usually in situations that are not normal or usual. 2. Legal regimes consist of at least three basic elements; they are legal norms (institutions), legal relations arising in these conditions and acts for the implementation of legal rights and responsibilities. 3. The main feature of the legal regime is that, by definition, it is created, secured and regulated by law; it is based on the law. It is inconceivable outside the legal sphere. There are exemptions for this axiom related to multidimensionality and complexity of a number of modes, such as martial law and state of emergency. 4. Each respective legal regime has its own type and method of legal regulation.

Keywords: Jurisprudence, legal regime, Institute of Law and legal regime, a special kind of legal regulation, structure and elements of the legal regime, features, types of legal regime, discretion, methods of legal regulation, types of regimes.

Abstract: The article investigates certain legal issues of the institute of representation in the American law in cooperation with third parties. Attention is paid not only to the rather contradictory definition of representation in American legal literature, but also to the principles that allow law enforcers to ascertain the presence or absence of representation. It is noted that the legal order of American law system defines several approaches to the legal position of subjects in the representation based on the legal relationship of its elements and depending on the existing structure: principal – agent, principal – third party, agent – third person. The key to understanding relations in the representation in terms of the American concept of law is to determine the status of the principal in relation to the third party. The article describes practices and criteria of the existing concept set out in the Restatement Second & Third of Agency. The revision of legal approaches to explaining the nature of authority resulted in the emergence of another kind of authority, namely inherent authority, the concept of which was first defined in the Restatement Second of Agency. The fundamental approach of American legal science allows to speak about the unification of the various kinds of doctrinal interpretations of representation and narrowing of the scope of its use by American law enforcers. The recognition of legal relationship of representation requires the participation of two special subjects, namely principal and agent; in this case, third party is optional.

Keywords: representation, the principal, agent, authority, legal relations, agreement, parties, law enforcement, law enforcers, legal liability.