Abstract: The article is related to the issue of interaction between the legal ideas and views in the cultural context of the ancient Greek drama. The tragedy moments interacted with the ideas of law and order, which were being formed in the ancient world, and provided them with epic and aesthetic platforms. The heroes and personalia of the tragedy were reflections of typical prose, statuses and acts within these legal views. T he mythological attitude to law brought special features into legal conscience and legal practice. The Greek democracy revived the ancient traditions while correcting them with its legal and political commentary. The right to speak and the right to see became specific legal institution of this political system. Specific features of criminal law – guilt and punishment – were duly included into the dramatic picture of the epoch, and they were reflected in the Greek tragedy. The views and institutions, which sprang from the Greek polices and democracy, later had a considerable influence upon the development of European law and legal ideology. In this aspect the law becomes an important part of culture, and its language correlates to the language of legal customs and documents. The ancient Greek tragedy became a visible drama, reflecting the formation of ideas, norms and views, which formed the “body” of law in the sense, in which it shall be perceived by the theoreticians of natural law in Europe and elsewhere.

Keywords: law, legal conscience, guilt, punishment, crime, punishment, adversarial system, democracy, responsibility, state.

Abstract: Protection of property by the ancient Russian Orthodox Church has a rather specific character. By the time when the lists of the Synodal edition of the Statute of Prince Yaroslav on the Church Courts were formed, a number of encroachments on orthodox religious rites and other objects had appeared and formed as well. The Russian Orthodox Church considered the Eastern Slavic people were r eady f or t he r eligion, a nd s trengthened t he p rotection o f i ts o ther s ubsidiary o bjects. I n a ddition to the Orthodox Christian dogma the protection covered property relations regarding church property, symbols and constructions. Crimes against them were often unified by the researchers within the category of sacrilege in the broad sense of this word. Additionally the Church started protecting specific persons. Criminal law protection of property by the ancient Russian Orthodox Church was not among the priority goals, unless one is to speak of the property of the church feudal and sacrilege i n t he b road s ense o f t he t erm a s a t ype o f e ncroachment u pon r eligion. F or a ll o f s uch crimes the immediate object of crime was interests of religion and church. And when the church regulated responsibility for property-related crimes, it clearly limited the sphere of its influence with the family or specific feature of the object of crime, or with the methods of committing such crimes.

Keywords: church theft, sacrilege, Church Statutes, to insult the dead, blasphemy, harming cross, writing on walls, graffiti, epigraphic, grave robbery.

Abstract: The law-making is one of the most important spheres of state activities . Currently a number of branches of law are being actively changed and corrected, so the law-making problems have considerable priority. The article includes analysis and evaluation of the law-making process in the modern Russian state. The author singles out theoretical and practical problems regarding this aspect, and possible consequences of implementation of legal acts. The author follows the speed of legislative amendments, and correlation between the goals of normative legal acts and de facto results. The author also provides comparisons with the law-making in foreign states, studying the statistical data, and providing specific examples to substantiate a position. In the process of studying this issue the author monitored the official sources of publication of normative legal acts and electronic legal system. Special attention is paid to the quality of the laws, and to the principles of law-making. Then the author proposes and substantiates the need to add new principles to the existing ones.

Keywords: law-making, principles, law, implementation, forecasting, gaps in law, modern time, lack of stability, changes, consequences.

Abstract: The article provides the study of reception as a historical form of legal acculturation. The legal acculturation is recognized as a lasting contact among the legal cultures of various societies, using various means and methods of influence depending on the historical conditions. Its necessary result includes changes in the previously existing structures in the contacting cultures and the formation of a unified legal area. Depending on the specific cultural and historical conditions the following forms of legal acculturation are recognized: reception, expansion, assimilation, integration, convergence, etc. The legal reception is most well-studied form of legal acculturation, it is a historic form of legal acculturation recognized as an unilateral voluntary process of transferring the element of legal culture of a donating society and their obligatory acceptance by the receiving society. The ruling elite of the receiving subject initiates reception in order to adopt the legal system of the donating state in whole or in part into the receiving state .The result of reception is partial adoption of the cultural legal traditions, ideas, and values of the donating society by the receiving society, while the receiving society preserves its national specific features. The legal reception as a form of legal acculturation possesses the generic characteristics of the latter, while having a number of significant specific features.

Keywords: jurisprudence, law, culture, acculturation, legal acculturation, reception, inter-cultural contact, legal culture, expansion, society.

Abstract: Transportation of gas is mostly arranged via the pipeline transportation. In the situation of limited carrying capacity of gas transportation system the issue of non-discriminatory access of independent organizations becomes especially topical. The article includes analysis of the legal regulation of non-discriminatory access to gas transportation system belonging to the OAO “Gazprom” and the local gas distribution systems. Transportation of gas via pipelines is based on natural monopoly. However, unlike with transportation of oil (natural monopoly is recognized only for the transportation of oil via the long-distance pipelines) the natural monopoly for gas transportation applies to any types of pipelines. Access of independent organizations to the gas transportation system is based upon contracts and is available only upon the presence of free capacity in the gas transportation system from the place of connection to the place of gas drawing throughout the period of gas delivery required by the supplier. If the available free capacity is not sufficient for the transportation of the entire amount the legislation establishes the order for satisfying claims for transportation. Priority is provided to the suppliers of gas for utilities and consumer needs. The refusal to provide access may be challenged in the Federal Anti-Monopoly Service (FAS) of Russia. Judicial practice includes cases when the owners of gas transportation systems challenge the decisions of the FAS on violations of anti-monopoly law. S tarting from 2007 the FAS of Russia took a number of unsuccessful attempts to lobby a new Resolution of the Government according to which the OAO “Gazprom” and its affiliated entities should have access to pipelines on equal terms with the independent gas producers. The FAS has developed a draft Resolution of the Government of the Russian Federation “ On the Guarantees of Non-Discriminatory Access to Gas Distribution Systems in the Russian Federation” instead of the current provisions on access dating back to 1998.

Keywords: transportation of gas, non-discriminatory access, the United Gas Supply System; gas distribution networks, natural monopolies, independent gas producers, gas transportation system, the FAS of Russia, OAO “Gazprom”, free capacity.

Abstract: The article is devoted to classification of types of insuring civil liability. The current legislation provides for two types of insuring civil liability divided based upon the grounds for its appearance: insuring the risk of liability on obligations arising out of damage to life, health or property of other persons (Art. 931 of the Civil Code of the Russian Federation) and insuring the contractual responsibility (Art. 932 of the Civil Code of the Russian Federation). Liability for violation of non-contractual obligations, such as liability of arbitration manager and the members of administration of a legal entity do not fall within any of these two categories (contractual or delict liability insurance). Such a liability is not contract-based, since there is no such contract, and it does not arise from causing harm. Based on above-mentioned positions the author concludes that legal regulation in this sphere is not sufficient and offers the possible solutions to the problem

Keywords: insuring liability, types of liability insurance, insuring contractual liability, insuring delict liability, insuring non-contractual liability, classification of obligation, liability of an arbitration manager, nature of arbitration management, insuring liability of administrator, liability of executive bodies.

Abstract: The article is devoted to topical issues of classification of contracts between the tour operator and tour agent. The author presents key positions of the Russian legal scholars towards the legal nature of the model contract between the tour operator and tour agent, she also analyzes the norms of current legislation, as well as judicial practice and business documents on this issue. The author studied the types of contract used (sale of tourist product, provision of tourist services for remuneration, franchise (commercial concession), mandate contract, commission contract, acquisition contract, agent contract), showing their strong and weak points. She also evaluates the possibility to use these contracts in the relations between tour agent and tour operator. The author also attempts to find the most acceptable model for the regulation of relations between the said subjects. The author also proposes to improve legislation regarding qualifying such a contract as an agency contract by amending the Federal Law “On the Fundamentals of Tourism Activities” and the Civil Code of the Russian Federation.

Keywords: tour operator, tour agent, agency, commission, commission, mandate, franchise, acquisition, sale, provisions of service for remuneration, contract model.

Abstract: The novel criminal legislation of Ukraine provides for criminal responsibility for the crimes against e lection a nd r eferendum r ights o f p eople, a nd i t w as o ften a mended d ue t o v arious s ocial, political and legal reasons. However, its characteristic feature compared to other post-Soviet states was and still is use of the legal constructions of “act which influenced the results of the voting of electors in an electoral precinct or district” and the “act causing inability to establish the will of the electors in a electoral precinct or in elections (referendum)”. However, the amount of attention to these constructions in the science of Ukrainian criminal law is not sufficient. Their subject-structure analysis allows to consider both of these constructions stillborn and unviable. The reason for it lays in contradictions between the provisions of criminal and election (referendum) law of Ukraine, which traditionally fall outside the scope of attention of the legal scholars specializing in criminal law.

Keywords: elections, referendum, results of the election, election precinct, voting, criminal responsibility, legal construction, crime, elector register, election rights.

Abstract: The article is devoted to the topical problems of methodological and tactical character, appearing due to participation of examination of reported crime information regarding unlawful procurement of water biological resources. The amendments introduced by the Federal Law of 04.03.2013 N. 23-FZ into the Criminal Procedural Code of the Russian Federation widened the range of procedural acts taken at the stage of examining the reported crime information, and it requires development of specialized methodological recommendation and tactical schemes in order to improve the efficiency of crime disclosure and to avoid the forensic mistakes. In order to achieve this goal, it is necessary to form the novel stage of examination of reported crime information similar to the stage of initiating a criminal case, and this novel stage should be characterized with the certain goals, means to achieve them, quantitative and qualitative characteristics of participants and means influencing formation of versions and planning of the acts of investigator (enquirer) taken in order to examine the reported crime information. This article concerns two typical investigative situation, showing the most topical problems regarding the participation of the specialist – ichthyologist at this stage. The author offers a number of practical recommendations aimed to improve efficiency of application of specialized knowledge. The author clarifies the goal of crime scene examination (fishing boat) and establishes the procedure for it involving specialists – an ichthyologist and specialist in industrial fishing, which would allow to improve the efficiency of this investigative act.

Keywords: specialist, unlawful procurement, biological resources, investigative situation, examination of a report, methodological recommendations, tactical recommendations, ichthyologist, investigative acts, evidentiary information.

Abstract: The article concern analysis of the mechanism of application of the principle of the closest l ink i n a ccordance w ith t he “ damage c omparison” m ethod ( consequential m ethod) o ffered by the American scientist W. Baxter and codified in the Book IV of the Civil Code of Louisiana developed by S. Symeonides. In accordance with the consequential method any act (action or a document) should be evaluated exclusively by its consequences. Consequentialism in the international private law is expressed by choice of applicable law based on consequences of this choice on interests and values of the conflicting laws. The author evaluates the legal factors forming the closest link and substantiates the conclusion that consequential methodology in the international private law limits the autonomy of will and also accumulates both public order reservations (public order reservation and institution of super-imperative norms), and he provides the definition of the closest link.

Keywords: close link, comparative damage, public interests, consequentialism, consequential method, conflict of law regulations, autonomy of will, conflict of laws norm, material norms.

Abstract: In the conditions of the current trans-border commercial turnover the access to financing plays a decisive role, and it makes the security of due performance of obligations especially important. The most efficient means of unification of security transactions is the Convention on International Interests in Mobile Equipment. The article concerns means of qualification of security transactions, the author points out possible contradictions in qualification of security transactions from the standpoint of applicable law. The author also interprets the provisions of Art. 2 of the Convention containing references to the need to apply national law in order to qualify a security transaction as the one providing an international guarantee towards mobile equipment. The author also analyzes the issue of definition apparatus of the Convention with the autonomous qualification of the security transaction. He offers to implement qualification in two stages: based upon the definition apparatus of the Convention (with allows to cover most of the security transaction with due regard to general goals and principles to the Convention) and then based upon the position of the applicable law. The author also points out the need for a reasonable combination of approaches within the qualification procedure and the role of functional approach towards the regulation of security transactions.

Keywords: guarantees of performance of obligations, Capetown Convention, secured interest, international guarantee, qualification, mobile equipment, security transactions, agreement, reservation of the proprietary rights, leasing.

Abstract: The article concerns the definition of objective arbitrability. Based upon the provisions of the federal law the author provides a detailed evaluation of objective arbitrability, such as civil law nature of the dispute, presence of a foreign element in the disputed relations. The author studies the term “commercial enterprise of a party”. She formulates conclusions on arbitrability and non-arbitrability of certain categories of disputes, in particular, the disputes regarding immovable property in the territory of the Russian Federation or the titles to it; property disputes regarding use of subsoil resources; disputes between the participants of stock exchange bidding and their contracting parties; disputes on the authentic market or other price of evaluated object; disputes between suppliers and buyers regarding conclusion, amendment, termination and performance under the state contracts for supply of agricultural products, raw materials and foodstuffs for the state needs; disputes on compensation of harm; disputes between the state and investor based upon the agreement for the production sharing, copyright disputes. The author provides examples from the practice of the state arbitration courts, the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation. Special attention is paid to the disputes regarding legislation on bankruptcy, taxes, corporate disputes, conclusions on arbitrability and non-arbitrability based on the provisions of the Russian doctrine as well as the propositions of the practicing lawyers. The author offers to use the presumption of arbitrability of disputes as a general rule for objective arbitrability.

Keywords: objective arbitrability, objective arbitrability, international commercial arbitration, arbitrability of disputes, arbitrability of dispute, dispute resolution, corporate disputes, fiscal disputes, insolvency disputes, International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Fe

Abstract: This study is devoted to the evolution of normative provisions in the sphere of recognition and enforcement of judicial decisions on civil cases, as developed in the European Union, which is an integration organization of 28 European states. From the methodological standpoint, this article uses dialectic method, historic legal and comparative legal methods based upon a systemic approach. The scientific novelty of the study is defined by the fact that currently the EU has a broad competence in the sphere of cooperation of judicial bodies of the Member States in civil, trade and family cases, as well as in the issues of unification of civil procedural norms, as provided for by the Treaty on the Functioning of the European Union among the provisions on the formation of the territory of freedom, security and justice based upon the goals provided for by the paragraph 2 of the Art. 3 of the European Union Treaty. The conclusions are the following. The modern mechanism of judicial protection in civil cases in the EU passed several evolutionary stages in its development. At the first stage, which took place in 1960s the European Communities employed solely international legal means for harmonizing the legislation of the Member States in the sphere of jurisdiction, recognition and enforcement of judicial decision. The second stage of development of judicial protection mechanism in the civil cases at the European level started when the Amsterdam Treaty of 1999 came into force, and it is notable for the change in the legal instruments employed by the European Union. It was a period of a substantive reform of the very legal basis for the system of recognition and enforcement of judicial decisions at the European level. In 2000 the Brussels Convention I was substituted for the Brussels Regulation I. Finally, the modern stage of development of the mechanism of judicial protection in the civil cases in the European law is characterized with the development of the system based upon the combination of international legal and European legal instruments for the harmonization of civil procedural law of the Member States. The Lugano Convention (by the Lugano Convention II) and the Brussels Regulation I (Regulation N. 44/2001).

Keywords: the European Union, civil judicial procedure, harmonization, law, Brussels Regulation I, evolution, the EU, the Brussels Convention I, freedom, security, justice, the Lugano Convention II.