Abstract: The author explores the question of tragedies of communities and anti-communities during the process of creation of the patented innovative objects, as well as use of patents for strategic purposes; the concept of “patent maze”, “royalty stacking”, etc. are being revealed on the practical examples. The author doubts the ability of the modern model of protection of the objects of patent law to accomplish the goals for which it was intended. The listed issues vividly reflect the distortion of the modern model of regulation of the industrial property, and without understanding of them, it is impossible to project reforms and alternatives of this model. The scientific novelty consists in the author’s attempt to demonstrate that the foundation of the modern model of protection of industrial property in reality is distorted, due to the various reasons stated in the article. The author comes to the conclusion that following the strictly formal approach in implementation of the legislation norms on intellectual property, leads to a serious distortion of the functional designation of intellectual property.

Keywords: Strategic patenting, Royalty stacking, Industrial property, Fragmentation of laws, Tendency to patent, Patent maze, Patent trolls, Patent law, Tragedy of anti-communities, Tragedy of communities

Abstract: The subject of this research is the theoretical positions of the most common concepts of interethnic cooperation and their separate variations, some of which are the concepts of “Marxism-Leninism”, “melting pot”, “nation-building”, “Eurasianism”, “multiculturalism”, “cultural pluralism”, as well as the legal norms that establish and regulate the order of their practical application in Russia. The subject of this research dictates its goal as determination of the problematic questions of application of the concepts of interethnic cooperation within Russian legislation. A special attention is given to the analysis of the essential specificity of the concepts of international cooperation from the perspective of their influence on the positive or negative “movement of nations”.  The author concludes that there are only four independent concepts of interethnic cooperation, which brings nations closer together or pushes them apart. Analysis of the norms of the Russian legislation confirms a predominant orientation towards realization of the concept of “multiculturalism” using the national-cultural autonomy and constitutional guarantees of “national” rights and very little towards realization of the concept of “nation-building”, which in author’s opinion and taking into account the causes of interethnic contradictions in Russia, hinders the achievement of goals with regards to consolidation of the society and the country.

Keywords: national-cultural autonomy, nation, international cooperation, concept, interethnic contradiction, state national policy, Constitution, Strategy, multiculturalism, nation-building

Abstract:  The subject of this research is the norms of the penal law that regulate the conditions for finding a convict to be a gross violator of the set order of serving a sentence and the legal consequences of this juridical fact. This work examines the following consequences: disciplinary measures, transfer into a more strict area of serving a sentence, and transfer into a higher security correctional facility. In addition to the legal consequences, the law enforcement practice also may have the following consequences: exclusion from possibility of parole, exclusion from amnesty, restriction of work outside of the penitentiary without guards or supervision, etc. The scientific novelty of this work is defined by the fact that the author determines specific legal consequence of finding a convict to be gross violator of the set order of serving a sentence, elucidates some issues with their realization in practice of correctional facility, and proposes ways of solving them on the legislative and law enforcement levels.

Keywords: Convict, Gross violator, Order of punishment, Disciplinary misconduct, Disciplinary action, Isolation, Cell block, Solitary confinement, Incarceration, Punishment

Abstract: This article gives a detailed examination to the issues of pre-trial agreement to cooperate. The authors present a brief analysis of the problematic issues of the legal regulation of this institution that emerged as a necessity for counteracting organized forms of crime, which has high latency and loyalty among its members. The idea of deals, made between the defense and the prosecution during the first stages of judicial process, is rather promising, as it simplifies and eases the process of the court proceedings, and reflects the tasks of preliminary investigation on establishing all circumstances of the criminal act with simultaneous increase in efficiency of counteraction of the criminal activity as a whole. The materials of the investigative and prosecutorial practice confirmed that the cooperating suspects and defendants are in fact parties to organized crimes with the following qualifications: “group of people”, “group of people based on conspiracy”, “organized group”. The authors make the conclusion that the Chapter 40.1 of the Criminal Procedural Code of the Russian Federation does not contain the positions on the specificity of protection of the rights of the victim in cases of cooperation with a suspect (defendant) of the pre-trial cooperation agreement.

Keywords: responsibility, prosecutor, suspect, accused, victim, petition, court, pre-trial agreement, punishment, sentence

Abstract: This article examines the currently relevant issue of distortion of historical facts by private parties and the official representatives of states. As one of the main causes the author considers the absence within the existing international law of responsibility for the countries in general, as well as responsibility for falsification and distortion of information about the current circumstances, or those that took place in the past. For the purpose of developing the approach towards the solution of the aforementioned problem from the perspective of international law, the author examines and analyzes the positions of the separate legal acts (obligatory for execution by the participating states, recommended, and projects of such acts), as well as the norms of the Russian legislation that hold criminal and administrative responsibility for denying the facts established by the sentence of the International Military Tribunal for trial and punishment of the chief war criminals of the European countries of the axis; approval of crimes established by the same sentence; as well as spread of the intentionally false testimony about the activity of USSR during the World War II. The article conducts a legal analysis of the Russian and international legal norms that regulate responsibility for falsification and distortion of historical facts. The author comes to the conclusion that there is a pressing need for the international legal norms which not only establish the unlawfulness of the actions themselves, but also codify the international legal responsibility of the states for the corresponding illegal activity.

Keywords: Distortion of historical facts, Formation of public opinion, International legal responsibility, State, Hold responsibility, International relations, Domestic law, Falsification, Criminal responsibility, International legal violation

Abstract: The subject of this research is the relevant issues pertaining to allowable limitations to the right to justice. The author gives attention to the multifacetedness of such type of limitations that come from the dualistic nature of this right. The article expounds the specificity of various types of limitations of the right to justice. Examining the experience of the international authorities, including the practice of the European Court of Human Rights, the author determines approaches towards the analysis of the limitations of the right to justice and defines cases in which they are allowable. The author proposes classification of the limitation to the right to justice. The variable character of limitations of the right to justice allows the author to highlight three types of limitations: material legal, jurisdictional, and procedural. The author underlines that depending on the character of limitation, there are different approaches towards the assessment of correspondence of such limitation to international standards in the area of protection of human rights. The allowable limitations of the right to justice represent the balance of private and public interests which secures the accomplishment of the goal of the right in question.

Keywords: Aarhus Convention, international standards, legal aid, procedural guarantees, human rights limitations, right to justice, human rights, international law, permissible limitations, procedural limitations

Abstract: This article is dedicated to the place and role of the Plenum of the Supreme Court of the Soviet Union (RSFSR) and Russian Federation within judicial administration and internal systemic administration of the modern judicial authority. The author raises the question about the legal nature of the ruling positions of the Plenums of the Supreme Court of the Soviet Union (RSFSR) and Russian Federation, since there is no concurrence on this matter and the issue continues to remain controversial. The author comes to the conclusion that the status of the rulings of the of the Plenums of the Supreme Court of the Soviet Union (RSFSR) and Russian Federation is not correctly formulated within legislative acts. The competency of the Plenum – “de jure” is the interpretation and clarification of the acting legislation, while “de facto” is practically the current authority of judicial administration, which combines various branches of cognition and administration. The scientific novelty is established by the very posing of the question and by the fact that the goals and tasks in this article have not yet been approached from this perspective within Russian juridical science. The author makes an attempt to understand the process of activity of this collegial branch within judicial administration during the Soviet era and the internal systemic administration of the present time.

Keywords: judicial community, modern era, Soviet, systemic administration, judicial administration, Plenum, Supreme court, juridical nature, interpretation and clarification, administrative body

Abstract: The subject of this research is the judicial practice in cases that challenge the provisions of administrative regulations. In connection with the entry into force of the Administrative Procedure Code of the Russian Federation the practice is in its infancy, and we can see the transformation of the judicial interpretation of disputes in cases arising from public relations. Administrative Regulations establish the procedures for the implementation of certain types of state control, and as such, may limit the rights and legal interests of citizens and organizations. The object of this research is public relations arising in the sphere of protection of the rights and freedoms of citizens in the courts. The author carefully examines the features of the administrative regulations as regulatory legal acts. The scientific novelty of this research is substantiated by the author's approach to the establishment of the legal nature of administrative regulations, as well as identification of the prerequisites for increasing the quality of these legal regulations. Summarizing the practice of the Constitutional Court of the Russian Federation and the Supreme Court, the author makes a number of proposals aimed at optimization of overcoming gaps in administrative regulations by means of judicial interpretation. Key findings of the study concern the issues of increase of efficiency of the administrative proceedings.

Keywords: constitutional control, legal certainty, administrative jurisdiction, court, administrative regulations, legal regulation, normative legal act, judicial interpretation, administrative claim, public service

Abstract: This article explores the theoretical and practical issues of the legal regulation of pension for special services, as well as analyzes the peculiarities of this legal institution in the general system of social security. The author gives particular attention to the study of historical process of establishment of the institution of pension for special services, making a particular accent on the reflection of conditions of a particular period of time within the corresponding normative regulation. The author expounds the special legal nature of the institution of pension for special services and formulates forecasts for its further development. The legal regulation of pension for special services to the country is insufficiently studied within legal literature, which raises the relevance of this research. This work references unique archive documents, offers modern assessment of former normative sources on this subject, and provides original conclusions with author’s proposals for improvements of the legal regulation of pension for special services. Based on the conducted research the author confirms the special targeted aim of the institution of pension for special services – a reward by the government, which testifies to the political significance of the legal regulation of the conditions and order of pension increase due to special services. At the same time, this institution does not exit the framework of the subject of regulation of rights for social security, since the social character is maintained – the increase in pension is provided only in case of disability.

Keywords: Individual pension, Special services, Reward, Social security, Enhanced pension, Increased pension, Subjective discretion, Benefits and privileges, Additional pension, Additional financial security

Abstract: The object of this research is the sources of Russian law. The subject of this research is the elements of the formulation of Russian official documents of the XVII century. The author gives characteristics to the structural constructs of the conditional, abstract, concrete, and individual forms of legal acts. A special attention is given to the specificity of the application of formulary analysis in studying the legal nature of the Russian official documents of the XVII century. The author’s contribution into research of this topic lies in the application of formulary analysis in studying the legal nature of Russian official documents of the XVII century, which allows determining their type, examine their structure and extract information, establish the order, time, and place of their creation. Studying the form of the legal documents allows researching them fully, without separating individual clauses from each other.

Keywords: Conditional form, Abstract form, Specific form, Individual form, Official document, Clause, Diploma, Will, Certificate, Legal source

Abstract: This article is dedicated to the analysis of legislation on responsibility for extremism and terrorism during the validity time of the Criminal Code of RSFSR of 1960. It is claimed that the beginning of a new stage of criminal legislation became the introduction in 1058 of the USSR Law “On Criminal Responsibility for State Crimes”. The author conducts a comparative analysis of the corresponding positions of 1926 RSFSR Criminal Code in the area of counteraction against counterrevolutionary crimes and against the order of government and positions of the Criminal Code of 1960 in the sphere of counteraction against state crimes, especially dangerous for the Soviet Union. The author concludes that regulation on responsibility for various crimes in the Law of 1958 did not contribute to the development of a general definition of the notion of the other state crime. Due to this fact, there is no unified opinion within the Soviet legal literature related to the question of what should be understood under a state crime. It is stated that namely for this reason the similar difficulties emerge in development of a scientific definition of “extremism (extremist activity)”. The responsibility for racial and (or) ethnic discrimination first in history of the Russian criminal legislation, has been established in the original version of the Article 74 of the 1960 Criminal Code. At the same time, in describing the objective side of such crime, there was no indication towards agitation or propaganda aimed at instigation on religious animosity, as in the Criminal Code of 1926. The author considers such legislative solution as a certain step back.

Keywords: discrimination, state crimes, Soviet Authority, instigation of animosity, terrorism, extremism, propaganda, act of terrorism, race, nationality

Abstract: In the Russian Federation, the legal basis of the establishment and work of the arbitration courts is contained within the Federal Law from July 24, 2002 No. 102-FZ “On Arbitration Courts in the Russian Federation”. The subject of this research is the limitations of the competency of arbitration, constitutionality of number of positions from the law on arbitration courts, authority of the court to hear disputes on adherence to the state (municipal) contracts, and contracts that emerge from regulated acquisitions. Another group of disputes, which directly touches on the issues of competency of the arbitration court, pertains to affiliation of the arbitration court with the parties of dispute. Analysis of the legal precedent allows us to conclude that determination of the competency of the arbitrary courts in practice raises a lot of questions, and creates an obvious uncertainty for the participants of the civil procedure. The article examines which disputes, even though coming from civil legal relations, cannot be transferred for hearing by the arbitration courts.

Keywords: state contract, municipal contract, contract system, agreement, civil legal relations, constitution, affiliation, autonomous organization, affiliation, arbitration court

Abstract: This article is dedicated to the question of mutual rights and obligations of the representative and third parties, as well as the represented and third parties within the framework of legal relations of the representation in Russian and American legal systems. The author conducts a comparative analysis of the legal relations of the representation within Russian and American legal systems on the example of legal regulation of mutual rights of the main parties of legal relations with third parties. The author also examines issues such as: emergence of mutual rights and obligations between the represented and third parties; informing third parties by the represented party; right (obligation) of the representative to enter into relations with third parties and the circle of his authority; limitation of rights of the representative to enter into relations with third parties for the purposes of acting in their interests. It is substantiated that the legal relations of the representation, as well as their legal regulation within Russian and American laws are rather similar. It is confirmed by the possibility of highlighting principles that are in common in both laws and the elements of these legal relations, the main of which are the rights and obligations of third parties in their cooperation with the main parties to legal relations of the representation.

Keywords: USA, Russia, Obligations, Rights, Third party, Agent, Principal, Representation, Civil law, Jurisprudence

Abstract:  The subject of the study is the position of the Catholic Church on the most important aspects of political and economic development of society during the French Revolution, as well as the reaction of the Church to the introduction of a secular constitution in France along with the Civil Constitution of the Clergy, as an attempt to subordinate the Church to the secular authorities. The author analyzes the main sources containing the position of the Catholic Church on the secular trend in European countries - the papal encyclicals during the pontificate of Benedict XIV (1740-1758), Clement XIII (1758-1769), Clement XIV (1769-1774) Pius XVI (1775-1799), as well as the sources including the Church’s position on natural law doctrine and the secular source of state power - papal encyclicals during the period of Pius VI pontificate. The author comes to the conclusion that despite the fact that the Catholic Church recognized the majority of human rights and freedoms assigned to individuals as a result of the French Revolution, the strive of the French Assembly to recognize the natural state of a human as a source of these rights and freedoms and attempts to subordinate clergy to secular power, predetermined the reconciliation with the Holy See impossible, even to the extent of concordat with Napoleon.

Keywords: Catholic Church, encyclical, French Revolution, politics, religion, Catholic social doctrine, Pius VI, Christianity, Civil Constitution of Clergy, human rights

Abstract: This article examines the issue of the lack of rights of employers in the area of labor within the constitutional law of the Russian Federation. The Russian Constitution contains only the positions on the labor rights of the citizens as employees. But in the case where that same citizen ends up in the position where they employ someone, they find themselves in the vacuum of the constitutional law. Their rights as an employer are no longer guaranteed by the Constitution of the Russian Federation. Within the context of the principle of equality, which is the foundation of the Russian legal field, this position of employers seems unjust and discriminatory. The authors analyze the current legislation, including the norms of the Labor Code of the Russian Federation, as well as the norms of the Administrative Code of the Russian Federation. There is also a discussion on whether or not the employers need constitutional rights in the area of labor. The authors come to a conclusion that in order to realize the principle of equality proclaimed in Russia, it is necessary to include the positions on the rights for employers in the area of labor into the Constitution of the Russian Federation.

Keywords: responsibility, equal opportunity, equality, Its administrative law, labor law, Constitution, fines, impunity, vulnerability, employer

Abstract: This article examines the category of “national interests” from the position of determination of the place of the latter within the framework of other categories and notions that are often similar in content. The author gives attention to the content of the notion “national interests”, which is greatly influenced by the perceptions on the correlation between objective and subjective factors in formation and realization of interests. Analysis is conducted on the link between “national interests”, state interests, public interests, and interests of ethnic community. It is noted that the term “national interests” is used in the context of definition of national security. The author therefore presents and explores various interpretations and points of view. As a result of the conducted research, the author concludes that “national interests” “per se” have a common public nature with the state, public, private, or ethnic interests, but unlike the latter, they hierarchically hold a higher position. Moreover, the “national interests”, having the larger scale of a mechanism of protection, need to be concretized.

Keywords: Nation, Ethnic interests, State, Civil society, Community interests, Social interests, Public interests, National security, State interests, National interests