Abstract: This article represents an attempt to determine the existing gaps in legislation of the Russian Federation, as well as suggests the ways for their solution within the framework of protection of rights of the Russian and foreign citizens and legal entities. The goal of this research is the comprehensive reconstruction of the process of implementation of the international treaties of the Russian Federation and national legislation, using translation of the written evidence by arbitration courts in Russia. Generalizations and conclusions contained in this work can be applied in development of the course of lectures regarding the issues of the international private law; delivering lectures of the arbitration procedure guidelines; preparation of textbooks on international private law and arbitration procedure in the Russian Federation; and further scientific formulation of the topic. The article is written based on generalization of the extensive judicial practice of the arbitration courts, comparative-contrastive analysis of the Constitution of the Russian Federation, corresponding bilateral, regional, and multilateral agreements and conventions. The topic of the use of the documents comprised by the courts in foreign languages has always been of great interest for the Russian science. However, only individual chapters of textbooks or articles were dedicated to this problematic. At the same time, the emerging questions were usually examined in the context of separate scientific disciplines (arbitration procedure, international private law, etc.). Relevant issues such as forwarding of the court decisions in address of the foreign courts and execution of the instructions from foreign courts, as well as recognition of foreign documents by a court of the Russian Federation that reviews certain arbitration cases, require detailed examination. The results of the research fulfil the lack of information pertaining to the role of the interpreter in practice of the arbitration courts of the Russian Federation. It is necessary to pass the Federal Law of the Russian Federation “On State Interpreters”. The solution of the stated problem will allow ensuring legal support of the citizens of Russia in the constantly changing market circumstances.

Keywords: Diploma, State civil service, Legal aid, Written evidence, Notary, Interpreter, Judicial system, Foreign entity, Legislation, International treaties of the Russian Federation

Abstract: The subject of this research is the peculiarities of development, organization, and functioning of the constitutional legal protection system in South Korea, considering the historical trends and modern political legal situation in the country. The author examines the most important aspects of the official constitutional law doctrine of the Republic of Korea, as well as discusses the specificities of legal policy for crime prevention in South Korea. The efficiency of the constitutional legal protection is assessed from the perspective of development of the legal regulation alongside the work of the essential constituents of the constitutional control (President, Constitutional Court, and others). The scientific novelty of this work consists in the substantive characteristic of one of the elements of South Korean constitutionalism – the constitutional legal protection.  A conclusion is made about the high level of state legal development of the Republic of Korea and its specificity, as well as classic approach towards formulation of the structure and content of the Constitution and objective-subjective characteristic of the constitutional legal protection.

Keywords: crime prevention, legal policy, Constitutional Court, President, constitutional legal protection, South Korea, subjects of protection, objects of protection, Constitution of South Korea, crimes

Abstract: This article examines the questions of the language and sociocultural integration of the migrants’ children in the Russian Federation. Currently, the time of the language integration among adult migrants and their children is one of the most relevant issues within the scientific circles, as well as political debates. This research is based on results of the analysis of foreign and Russian publication, dedicated to the problems of integration and adaptation of the migrants’ children, normative legal acts of the Russian Federation, and bylaws of the government of the Russian Federation. The author conducts an analysis of the existing definitions of the notion of “migrant child”, as well as presents classification of the various groups of the migrants’ children. The key issues inherent to the modern Russian system of integration of the migrants’ children into the accepting society are being determined.  In accordance with the results of review of the official documents of the European countries on the problem of integration of the migrants’ children, the article demonstrates an evolution of approaches of various European states towards the solution of the problem of sociocultural adjustment. In conclusion, the author highlights several modern generally accepted approaches towards integration of the migrants’ children in the countries of Europe, as well as signifies the possible ways of implementation of such approaches, considering the nuances and peculiarities of the current system of integration of the migrants’ children in Russia.

Keywords: language policy, European legislation, legislation of the Russian Federation, sociocultural adjustment, educational integration, language integration, children of migrants, Russian as a foreign language, school language, Council of Europe

Abstract: This article is dedicated to the examination of the legal ground and practice of prosecutor’s participation in the lawmaking process of legislative (representative) bodies of state authority of the constituents of the Russian Federation. The object and subject of this research became the social relations in the area of implementation of legislative initiative by the prosecutors of the constituents of the Russian Federation, as well as the established practice of interaction between the prosecution agencies and regional parliaments. The goal of this work consists in substantiation of the prosecutor’s special role in legislative process, which is aimed ensuring the unity of the legal space and legal order. Based on the dialectical materialism as the foundation of rational cognition, the author conducts an analysis of the modern practice of prosecutor’s participation in lawmaking activity in the legislative (representative) bodies of state authority of the constituents of the Russian Federation. The conclusion is made that participation of the prosecutor in lawmaking activity contributes into provision of the unity of the legal space in the Russian Federation. The author proposes an original explanation of the reasonableness of vesting the prosecutors of the constituents of the Russian Federation with the right of legislative initiative in the representative (legislative) bodies of state authority of the Russian Federation. The author highlights the main directions of the lawmaking activity of the Prosecutor’s Office of the Russian Federation.

Keywords: Legislative bill, Lawmaking, Deputy, Legal order, Normative legal act, Unity of the legal space, Charter, Constitution, Regional parliament, Prosecutor

Abstract: During the hearing of a criminal case with accelerated prosecution there is a question of the bases of qualification of a crime, whether it may be proved not only by set of facts of the case and components of crime, but also agreement between the sides for the purpose of stimulation of the accused (suspect) to reach a compromise. This work examines this issue taking into account the legal nature of the considered institution, which seems somewhat ambiguous because of the unresolved issue of a possibility of its definition as a deal (agreement). The author uses general scientific and private methods of cognition, including methods of formal legal, legal comparative, systemic and structural analysis. As a result of the research the author acknowledges the necessity to define and formalize this institution as a “deal”, because of existence of signs of a deal (agreement), which characterize this concept in private law, and also due to coinciding criminal procedure experience of foreign countries. Proceeding from it, and also in view of the purposes of this institution – acceleration of consideration of criminal case and (or) assistance to justice – in making decision on application of some type of special process, it is necessary to allow for the possibility of qualification of the crime on the basis of the reached agreement. However in this case it is necessary to attach special significance to the legality of making of all legally valid decisions on application of this procedure and ensuring the right for protection for the accused (suspect).

Keywords: confession, validity of charge, principle of expediency, principle of legality, qualification of crimes, expedited investigation, plea deal, accelerated prosecution, proving, plea bargain

Abstract: This article is dedicated to the questions of ensuring the legality of the investigative actions regarding or with participation of minors by the procedural and organizational means of prosecutor’s supervision, as well as through prosecutor’s participation in coordination of the work of law enforcement bodies in the struggle against crime. The subject of this research is the norms of the Criminal Procedural Law of the Russian Federation, Federal Law “On the Prosecutor’s Office of the Russian Federation”, decrees of the President of the Russian Federation, organizational and administrative documents of the General Prosecutor of Russia, judicial practice, as well as scientific literature on this topic. The author concludes that the reported in recent time growth in the number of minors involved in the criminal court procedures, which in turn substantiates the increase of the amount of violations committed by investigators during the process of investigation with participation of minors, predetermines the need for activation of the national institutions for protection of rights and freedoms of the minors, among which a special place belong to the prosecutor’s supervision. At the same time, for realistic and complete protection of right of the minors in criminal procedure, the prosecutor’s office must use their entire procedural and organizational potential within the framework of realization of supervision over the legality of the work of investigators.

Keywords: Fight against crime, Coordination of work, Preliminary investigation, Criminal procedure, Investigative agencies, Prosecutor’s office, Minors, Investigative actions, Supervision over investigation, Prosecutor’s supervision

Abstract: The subject of this study is the provisions of the Law of the Russian Federation on an amendment to the Constitution of the Russian Federation of 02/05/2014, as well as derivatives contained in the aforementioned law of the Russian Federation, which drove the transformation of the constitutional and legal status of the Prosecutor's Office of the Russian Federation. The author stresses the need to avoid a fragmented approach and apply complex methodology of the regulation of the legal status of the Prosecutor's Office of the Russian Federation in connection with the Constitutional amendments. The article also highlights the problem of organizing effective interaction between the Prosecutor’s Office of the Russian Federation and the Administration of the President of the Russian Federation in the implementation of certain aspects of state control, and suggests ways to resolve them. Based on the methods of dialectical logic, comparative analysis, inductive and deductive logic techniques, and predictive method, the author makes proposals to eliminate the existing contradictions in the constitutional and legal status of the Administration of the President of the Russian Federation and the Prosecutor's Office of the Russian Federation in terms of organization and implementation of specific measures in the field of state control in order to optimize the work of these Offices. The novelty of this work consists in the study of the pressing issues of constitutional regulation of the status of the Prosecutor's Office of the Russian Federation in light of the 02/05/2014 amendments to the Constitution of the Russian Federation, which in principle have adjusted the pre-existing hierarchical structure constant of the Prosecutor’s Office of the Russian Federation. The author concludes that there can be an increase in the coverage of issues by both offices if there are proper channels of cooperation between the Prosecutor's Office of the Russian Federation and the Administration of the President of the Russian Federation.  

Keywords: state control, constitutional amendments, transformation, Constitution of the Russian Federation, Administration of the President of Russia, consolidation of activities, efficiency, prosecutors of the Russian constituents

Abstract: The subject of this research is the public relations arising in the process of assisting persons released from prison of the Russia penal system. The author carefully examines the actual problems arising in the provision of social assistance and support to citizens released from prison. The author gives special attention to the current legislative regulation of the post-penitentiary support, analyzes the main reasons for the shortcomings and deficiencies in this area. Among the main factors contributing to the growth in recidivism is the absence of state legal mechanism for providing support to citizens released from prison. The methodological basis of this work consisted of the dialectical method of cognition of reality, as well as general scientific and special methods of cognition: a comparative legal analysis in the new and previously existing criminal law and penal legislation. The scientific novelty of this work consists in the fact that it carries the theoretical and practical importance in creating a coherent, workable and effective system of state support for persons who have served a criminal sentence of imprisonment, the creation of which will improve both economic, and social perspectives, strengthen the stability in the society, ensure its protection against internal threats, create living conditions for these individuals in the society, and prevent the commission of new crimes.

Keywords: Law enforcement, Incarceration, Probation, Relapse, Social rehabilitation, Subjects of the Russian Federation, Regional programs, Post-penitentiary support, Correctional facilities, Convicts

Abstract:   The subject of this research is the legal grounds of protection of the objects of intellectual property by the Customs Union agencies. The author examines the problem of correlation between the international and national legislation of the countries regarding the questions of transfer of the goods containing the results of intellectual property. The work compares the order of implementation of measures on protection of the intellectual property objects within the framework of the registry deliveries control by ex officio, as well as realization of verification measures after the release of goods. The author analyzes the administrative legislation of three countries pertaining to the questions of expiration of statute of limitations for customs law violation. The method of comparative jurisprudence is implemented for analyzing the positions of legislation of the Customs Union member-states regarding the questions of protection of the intellectual property objects. Majority of the norms, which regulate that protection of the intellectual property objects by the customs agencies, is contained in the national legislation of the Customs Union member-states. The author believes that there is a need to unify legislation in the area of administrative accountability for violation of rights upon the objects of intellectual property, introduce it at the supranational level, as well as set a three-year term of limitations on this matter.  

Keywords: Unification of administrative legislation, Customs Code, Protection of intellectual property, Control after the release, Customs Union member-states, Customs agencies, World Trade Organization, Ex officio, Intellectual property, Customs Union

Abstract: The author examines the situations, in which the interests of the sides are either directly oppose one another, or simply do not coincide. The author sees situations in which the goals are opposing, while the result of the operation depends on the actions of both sides, as conflicting, and provides a mathematical analysis of conflict situations within the framework of the game theory. The goal of this work is to make recommendations on rational choice of actions by the opposing sides in the conditions of absence of information on the behavior of the other side. The game theory is beneficial in cases when there is a need to determine factors of high importance that require consideration in situations of decision-making in the conditions of competition. The game theory can be applied in law enforcement, judicial, lawmaking and other legal fields. One of such is the classic prisoner’s dilemma, upon which the author conducts the mathematical research within the framework of the game theory. The author concludes that any process or situation, which involves two sides with opposing interests or interests that do not align, can be modeled and receive an answer in form of recommendations for optimal choice of actions of one of the sides in order to receive a better outcome.

Keywords: Game theory, Behavior strategy, Recommendation for choice of action, Confrontation, Conflict model, Minimization of the proposed sentence, Matrix of the pair of strategies, Conflict situation, Classic prisoner’s dilemma, Probability of choice of strategy

Abstract: The author substantiates the position on the existence of an independent type of liability – that of family law. This work explores various views on the essence of family law liability. The author determines the distinctive features of family law liability and substantiates its interbranch nature. The author supports the notion of family law liability as protective legal relations, which emerge in cases of violation of the rights of family members within the framework of regulative family legal relations, established by law or an agreement. This work is the first in Tajikistan to present the substantiation of the essence of family legal liability as protective legal relations, emerging as the result of legal agreement or commission of family delict that has a interbranch nature. At the same time, the author believes that the family law liability is a separate type of legal responsibility. Therefore, the author distinguishes the contractual and non-contractual family law liability.

Keywords: contract, delict, regulative legal relations, family legal relations, object of legal infraction, liability, legal relations, family, protective legal relations, family law liability

Abstract: The subject of this article is the points of juxtaposition between the legal responsibility (for legal infraction, negative) and ordinary (public) legal consciousness. The object of this research is the social legal phenomenon of “legal responsibility” and ordinary legal consciousness. The aforementioned phenomena are examined from the perspective of their correlation and interaction. The authors also analyze the essence and composition of the legal responsibility; each of these parts is subjected to examination regarding its interconnection with the ordinary legal consciousness or substantiation by the ordinary legal consciousness. In particular, it implies the notion of responsibility; bases of responsibility as the social legal phenomenon; special internal characteristics of responsibility, such as principles, functions, goals, types, and measure. The scientific novelty consists in comparison of the phenomena of the ordinary legal consciousness and legal responsibility. Despite the fact that at first glance the practically do not have any points of intersection, the authors determine several aspects, which demonstrate that the indicated phenomena actively interact and substantiate each other. The distinctness of the ordinary legal consciousness of one or another society defines the character, content and limits of legal responsibility; otherwise, this mechanism of legal regulation will be incompetent. The ordinary legal consciousness contains the social and philosophical grounds of responsibility; the correspondence to the ordinary legal consciousness justifies the efficiency of legal responsibility in application of its functions, as well as achievement of the goals. The measure of responsibility must correlate with the ordinary legal consciousness of society; in other case, the effect of responsibility can turn out to be directly opposite to that planned by the government authority.

Keywords: Responsibility, Legal infraction, Grounds of responsibility, Measure of responsibility, Legal education, Efficiency of law, Legal nihilism, Legal relation, Ordinary legal consciousness, Legal consciousness

Abstract: The object of this research is the scientific works, legislation, Russian and foreign judicial practice, and Resolution of the Plenum of the Supreme Court of the Russian Federation No. 25 from June 23, 2015 “On Court Application of Certain Positions of the Section 1 of Part 1 of the Civil Code of the Russian Federation” on the part of solving the issue of consideration of amortized value in seeking compensation. The subject of this research is the approaches of Russian and foreign legislation and judicial practice towards the issue of consideration of the amortization in compensation for damages to a vehicle. Based on the conducted research, the author concludes that the position of the Paragraph 2 of Subsection 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 25 from June 23, 2015 is not scientifically substantiated and is not a result of the interpretation of the norms of civil legislation. Compensation of damages caused to the owner of a vehicle with consideration of amortization does not have convincing and sufficient grounds in civil legislation, and Russian and foreign judicial practice. The scientific novelty consists in the fact that this research is conducted based on the new case study, as well as a complex analysis of the approaches of the foreign judicial practice.

Keywords: Fair market value, Actual value, Repair, Damages, Property damage, Insurance, Full compensation, Amortization, Vehicle, Depreciation

Abstract: The object of this research is the problems of write-offs of penalties (fines, fees) for failure to fulfill a state contract. The authors examine the grounds and conditions for cancellation of penalties in government contracts and analyze judicial practice. The article examines the questions: is the write-off of penalty a right or obligation of the purchaser; about the possibility of the application of the rules on the write-off of penalty to the Law ¹ 94-FZ, on the legality of exceptions to the established rule of exemption from liability if the penalty is transferred to the budget. The work was based on the general scientific and private scientific methods of cognition: dialectical, formal logical, formal legal, comparative-legal. Based on the analysis of the current legislation and law enforcement practices, the authors conclude that the cancellation of accrual of penalties (fines, fees) is not a right of the purchaser, but their responsibility. The ability to carry out the cancellation by the purchaser of amounts of already incurred penalties (fines, fees) is one of the reasons the release of supplier (contractor) from civil liability.

Keywords: budget, debt, state customer, write-off, civil liability, municipal contract, government contract, exemption, penalty, anti-crisis measures

Abstract: The subject of this research is the perception by the Catholic Church of the problems of development and establishment of the states in the late XIX – early XX centuries, as well as significant changes in reactionary approach of the Church, inherent to it during the first years after the French Revolution. The object of this research is the Catholic social teaching during the period of pontificate of Leo XIII. The author gives particular attention to the key encyclical “Rerum Novarum”, and underlines that it should not be viewed as the starting point of the Catholic social doctrine, but rather as a crucial state in its development. The main conclusion consists in the fact that the popular in the Western and Russian science approach, which suggests consideration of the pontificate of Leo XIII as the reference point of the Catholic social doctrine, is inherently erroneous. Moreover, the assurance that “Rerum Novarum” and other encyclicals of Leo XIII are the embodiment of the liberal turn of the Catholic Church, is quite far from the truth. Nevertheless, it in no way diminishes the importance of the change of paradigm of perception of democracy and liberalism realized by Leo XIII.

Keywords: Christianity, Leo XIII, Catholic Church, encyclical, democracy, politics, religion, Catholic social doctrine, Rerum Novarum, Human rights