Abstract: The article concerns analysis of topical issues regarding direct effect of provisions of the Constitution of the Russian Federation of 1993 on the basis of existing relevant theoretical sources and judicial practice. The author provides a definition of direct effect of the Constitution of the Russian Federation in broad and narrow meanings. Direct effect of the Constitution in the broad sense is presented as a correspondence of de jure and de facto constitution, presence of constitutionalism as a regime of constitutional government in a society. Direct effect of the Constitution in the narrow sense is understood as use, compliance, implementation, and application of constitutional provisions no matter whether they were specified within the branches of legislation, and if necessary, instead of such specialized legal provisions. Special attention is paid to the direct application of the norms of the Constitution by the judicial bodies. The author touches upon the issue of the limitations to the direct effect of constitutional norms, and he shows the limitations of their regulating effect in the sphere of constitutional responsibility measures. He discuses the role of constitutional judicial bodies, and, first of all, of the Constitutional Court of the Russian Federation in the sphere of guarantees of direct effect of constitutional norms. The author also shows the value of the mechanism for the enforcement of constitutional legal decisions in the sphere of guarantees of direct effect of the provisions of the Constitution.

Keywords: judicial application of law, the Constitutional Court, limitations to the direct effect, state guarantees, direct effect of the Constitution, constitutionalism, the Constitution, implementation of decisions, direct enforcement of decisions, guaranteed of implementation of decisions.

Abstract: The article contains evaluation of the fact of adoption of the Constitution of the Russian Federation of 1993 as a basic law of the state with supreme legal force in the situation of lack of stability and contradictions in the civil society, as well as of the constitutional values in its norms (legal position of an individual, social and state orders). Among the latter he singles out the foremost important basic values, expressing the modern understanding of the general human or solidarity values, which have continued importance and shall remain in the future (possibly with some changes in wording) when a new Constitution shall be adopted if necessary.

Keywords: values of the humanity, values of the Constitution, basic values, legal status of a person, adoption of the Constitution, fundamentals of the social order, fundamentals of the state order, article of the Constitution, the Constitution of the Russian Federation.

Abstract: Analysis of current legislation on the issue allowed the author to make a conclusion on the interrelation between the legal status of social associations as subjects within the direct democracy system and various factors. In the opinion of the author there are the following dependencies: on the organizational and legal form, on presence of the legal entity status, on the presence of representation in the legislative government body from the direct democracy group, which was formed with the participation of a social association. Social associations take part in implementation of direct democracy by initiation, participation in preparation and holding, control over preparation and holding, implementation of decisions, interaction with the government bodies and other civil society institutions in the process implementation of the decisions made with the participation of the direct rule by the people. The thesis on interrelated character of social association status and the above-mentioned factors is supported by examples of federal legislation, and acts of the constituent subjects of the Russian Federation. The author also points out some problems and gaps of legal regulation in this sphere, and she expresses her opinion on these issues.

Keywords: social associations, direct democracy, political parties, democracy subject, rule of the people, rule of the people mechanism, direct rule by the people, initiator, legal status, legislation.

Abstract: The article includes analysis of legal mistakes made by federal and regional legislators when introducing the category of specially designated areas for public events and when establishing their status and procedures for the use of such areas. Much attention is paid to the nature of legal and ideological mistakes (due to miscalculations in the need for the specially designated areas for public events, which did not make access of citizens to the freedom of association any easier); legal contents mistakes (related to inconsistencies in the use of terminology by legislator, ambiguous provisions of federal legislation on meetings and informational redundancy of acts on special areas at the regional level). As a result of the study the author formulates propositions on the improvement of Russian normative legal acts in order to overcome the mistakes and make the access of citizens to freedom of associations.

Keywords: jurisprudence, constitutional law, legal mistake, legislation of the constituent subjects of the Russian Federation, public event, freedom of association, specially designated areas, legal ideological mistakes, legal contents mistake, technical legal mistakes.

Abstract: The article contains analysis of the key specific features of the Soviet election system within the context of pre-Revolutionary election experience, and formation of the Soviets. The Bolsheviks denied the experience of previous election systems, and they announced that they shall follow the revolutionary practice of the Soviets election. While the institute was seemingly novel, during the elections to the Soviets in 1917 the traditional electoral experience was used. The Bolsheviks, having declared the total departure from the tradition, adapted many elements of pre-Revolution election law: such as the census, indirect and unequal representation in elections. In some cases the Bolsheviks used even more archaic elements from old election systems, such as “open” non-secret voting. Some novelties were introduced into the procedure. And both traditional and new elements of the Soviet election system were aimed at preferences for the city proletariat and formation of the Soviets, which would be loyal to the ruling party.

Keywords: election census, indirect, uneven representation, production principle, open non-secret voting, the Bolsheviks, the Soviet Election system, the Soviets, electoral traditions, the Soviet legal scholars, the Soviet Russia.

Abstract: The article concerns territorial units within the federal states, not being subjects of the federation and being directly governed by the federation. It is noted that the Russian legal science has no unified approach to classification of such territorial units, and varied terminology is used for them. The author offers to call such elements of federal states “federal territorial units”. She notes existence of federations, where all of the territory is divided into constituent subjects. The author also evaluates federal territorial units in different states, noting presence of unique territorial units, such as the Brcko District in Bosnia-Hercigovina and the Republic of Serbia Federation, the federal territory of Labuan in Malaysia, federal territory managed by the tribes in Pakistan. As a result of the analysis the author offers to divide federal territorial units into two types: federal autonomous units, and federal administrative units, she also provides a definition of federal territorial units.

Keywords: federal structure, subjects of the federation, federal capital districts, federal territories, federal possession, federal territory, direct government by federation, federal autonomous units, federal administrative units, structure of the federation.

Abstract: The article concerns the mechanism of law-making. The author studies the law-making subjects and the need for law-making within the legal procedure following legislative technique with the assistance of organizational and financial means based on comparative legal analysis of the Russian and Vietnamese legislation. The author proposes to use a law-making structure and organizational and financial means for achieving the law-making result. The elements of the law-making mechanism are always interacting, they are interrelated and intertwined. The effect of legislation depends on all of the elements of law-making mechanism, and the lack of any element makes the entire mechanism inefficient, or precludes its functioning. Based upon the definion of the law-making mechanism and its elements the author draws a conclusion that the result of law-making in the form of quality and efficient laws is dependent on coherent work of all elements of the lawmaking mechanism.

Keywords: law, making law, law-making, law-making activity, legislative process, law-making mechanism, subjects of law-making, law-making procedures, basis for law-making, law-making technique.

Abstract: The article includes analysis of patronage or patronage (foster) family as the means for creating better conditions for housing and education of children in comparison with the orphanages. The legal nature of patronage is regarded as similar in quality with the adoptive families. The author notes that in some constituent subjects of the Russian Federation the development of patronage is advanced in the absence of federal regulation (in Perm and Orenburg regions). Legislation of some constituent subjects of the Russian Federation distinguishes two types of patronage: 1) social patronage (sometimes also called psychological and pedagogical patronage, which is implemented by government bodies and institutions); 2) patronage by patronage educators. Based upon comparative studies of the regional legislation, the author makes a conclusion that there is need to regulate patronage with laws, and not the by-laws. The patronage system existing in the constituent subjects of the Russian Federation allows distributing obligations on lawful representation among the competent services, parents or lawful representatives of a child and patronage educators. The author disputes the issue of distinguishing the obligations on raising and education of children, considering that they may be distributed not only among the patronage educators and government bodies, but also with the parents, whose rights were not terminated. All three of these subjects of protection of proprietary rights of minors may use the some of the means of legal protection under Art. 12 of the Civil Code of the Russian Federation. The article includes a conclusion that the patronage educator serve as a type of foster parents, while the amount of their rights and obligations is more limited compared to adoptive and foster parents. The author states that the state as represented by foster care bodies should not avoid responsibility for a child at the time when a child is with the family of a patronage educator. It is noted that the institution of social patronage is not legitimated at the federal level, and it is regarded by many scholars and practitioners as an interference with the private life, rather than an efficient institution for the protection of rights of a child.

Keywords: patronage, rights, proprietary, child, family, foster, educator, juvenile, federation, competence.

Abstract: This article concerns analysis of the modern problems in the sphere of providing state and municipal services in the multi-functional centers for the purpose of understanding this issue and optimization of their work. Comparison of the legal norms regulating this sphere of social relations and practice of their implementation have shown the existing problems. The large number of normative acts, which are being continuously amended, causes a number of difficulties with the provision of state and municipal services. The multi-functional centers are not free from complicated bureaucratic procedures regarding interactions with the state and municipal bodies, and they need universally qualified specialists. At the same time they are strictly limited by legislation and by-laws. In order to guarantee their efficient work and improvement in the sphere of protection of human rights and freedoms, there is need to optimize the activities of novel multi-functional centers for the provision of state and municipal structures in Russia. The author also makes proposals for the improvements in their activities.

Keywords: state services, municipal services, multi-functional center, provision of state services, guarantees of human rights, activities of a multi-functional center, requirements for a multi-functional center, applications of citizens, specialist of a multi-functional center, “one stop” principle.

Abstract: The article is devoted to the topical issues of resolution of disputes by the Constitutional Court of the Russian Federation in the proceedings without the hearings. The reader is provided with the brief description of the new organizational form of implementation of constitutional justice in Russia. The article provides the analysis of the results of the practice of the Constitutional Court of the Russian Federation in 2011-2012. The author evaluates the efficiency of the new legislative regulation of constitutional judicial process, allowing achieving constitutional protection of basic rights and freedoms. The author compares the practice of the Constitutional Court of the Russian Federation and the text of Art. 47.1 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”. The author concludes that some provisions of this article are inadequately worded, and the Constitutional Court is forced to form its own interpretation of the necessary and sufficient grounds when choosing a procedure. Attention is paid to the popularity of positive definitions, which could facilitate the process of dealing with the claims more, than it is provide for by the of Art. 47.1 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”. The author raises the issue of the need for the further development of the “written procedure”.

Keywords: constitutional judicial process, written procedure, the Constitutional Court of the Russian Federation, resolutions, decisions, law-enforcement practice, normative provisions, efficiency, problems, improvement.

Abstract: The article is devoted to the specific features regarding formation of the Federal Council of Switzerland. The author pays attention to a number of factors influencing its composition. The central place is given to the special mechanism of allocation of seats in the Council among the most influential political parties, which was also known as “the magical formula”. The article also includes analysis of the causes for heterogeneous character of the Federal Council of Switzerland, which is due to the party segregation, as well as language, clerical and gender-related difference of the Councilors. The specific features of elections of the Council members and the process of their work level out negative influence of political heterogeneity of the government.

Keywords: the Federal Council, magic formula, Government, coalition, formation of government, election of Councilors, political conflict, opposition, referendum, the Swiss Confederation.

Abstract: The article contains comparative analysis of the constitutional justice bodies in Spain and in Russia, their structures, procedures of their formation and scopes of competence of these bodies and their divisions, as well as the terms of service for the judges of constitutional courts. The study is based upon current constitutional legislation taking into account the recent amendments to the Organic Law on Constitutional Tribunal in Spain and the Federal Constitutional Law on the Constitutional Court of the Russian Federation. The author makes a conclusion that the constitutional justice bodies of Russia and Spain are somewhat different which is due to the differences in legal systems of these states and their public law traditions, he also supposes that the differences between the Constitutional Court of the Russian Federation and the Constitutional Tribunal of Spain are reflected in the constitutional justice of these states, and he expresses his opinion on possible borrowing of some specific features of the Spanish Constitutional Tribunal.

Keywords: constitutional justice, comparative analysis, institutional aspect, constitutional justice bodies, the Constitutional Court of Russia, the Constitutional Tribunal of Spain, constitutionalism, comparative law, independence of constitutional justice, constitutional guarantees.

Abstract: This article is devoted to the detailed study of legal liability in cases of violations of the norms on mining laws. The article provides for the need for the more detailed and elaborate regulation of the system of legal liability in the sphere of use of subsoil resources. This is due to the fact that the subsoil is a key element to the natural resources system of the humanity, being the source of necessary minerals and raw materials. The analysis includes an attempt to single out conceptual specificities in the sphere of use of subsoil resources. The author studies the issues of administrative, criminal and civil law responsibility, material and disciplinary responsibility. In the process of his analysis the author touches upon the practical problem in this sphere. He provides the fundamentals for the fact that the system of punishments existing in the mining industry fails to guarantee necessary preventive and preclusive measures in order to prevent and lower the number of crimes and other offences in this sphere. The article also provides the bases for the responsibility for the violations of legislation on subsoil resources as an element of environmental legal responsibility, and he offers to introduce some changes into the legislation on responsibility in the sphere of use of subsoil resources.

Keywords: legislation on subsoil resources, rational use of subsoil resources, specific features of responsibility, environmental legal responsibility, protection of subsoil resources, the Mining Code, criminal responsibility, administrative responsibility, civil material responsibility, disciplinary responsibility.

Abstract: This scientific article is devoted to the important scientific issue regarding nature of legal interest within the system of civil law. The author applies elements of similar legal categories by analogy, and he also used the achievements of Russian and foreign legal science in order to form his own construction of legal interest. The author substantiates an original position according to which legal interest is a legal form within which the bearer of the interest has lawful expectation of benefits due to a legal initiative, while he is bound by legal understanding of goals and nature by the other party of such initative. The author regards legal interest as a specific type of legal construction, serving as an element of legal mechanism, guaranteeing the coordination between de facto and de jure equality in the sphere of civil law. The author takes the protection of a weaker party as a specific example of this mechanism in action. Generally, the article is of both theoretical and practical value, and it might be of interest to those interested in the topical issues of civil law.

Keywords: formal equality, equal rights, civil law relations, legal interest, legal construction, legal form, subject of civil law, participant of civil law relation, legal link, weaker party to a contract.

Abstract: The pension system of Russia has changed drastically in the last decade. Since the pension rights of the citizens are socially valuable, the state provided detailed regulation of rights and obligations of these subjects, which lead to the appearance of specific legal constructions previously unknown to Russian legislation. In particular, it concerns the contracts on obligatory pension insurance. The obligatory pension insurance by private pension funds includes both elements of public and private law, regulating the issues regarding obligatory pension insurance contracts. The article concerns issues of obligatory pension insurance by private insurance companies, and it includes a complex analysis of norms regulating the contact on obligatory pension insurance, the author defines legal nature and elements of such contracts, provides propositions for the improvement of legislation in this sphere.

Keywords: private pension fund, obligatory pension insurance, private law, organizational legal form, public law, insured person, pension reform, savings part of pension, civil law institution.

Abstract: The article is devoted to the reform of the appeals procedure in criminal judicial process. The author analyzes the significant changes in the Criminal Procedural Code of the Russian Federation regarding introduction of the full-scale appeals, showing their influence on the formation of novel procedural matters, such as distinguishing control over facts and control over the correct application of legal norms; changes in the functions of cassation and supervision; formation of the new definition of a final judgement, the influence of appeals procedure on higher quality of justice and legitimacy of government in general. One of the problems in the new control procedure for judicial act is a large number of complaints, causing large workloads, which do not correspond to the nature of appeals. The debatable issue of limiting the right to appeal in order to cut the workloads of the courts is being currently discussed. The author shows constitutional limitations, not allowing using this vector of changes of procedural legislation. The author also shows another possibility for cutting the workload by timely termination of criminal cases at the stage of investigation on the condition of presence of necessary grounds for it. It should allow to lower the number of first instance cases by about 22 per cent and lower the workload of the second instance courts in the sphere of appeals accordingly.

Keywords: reform, control over judicial decisions, appeals procedure, criminal judicial procedure, final control over facts, final judgment, cutting the workload of courts, constitutional guarantees, judicial protection, right of a convict, termination of criminal cases.

Abstract: The article concerns specific features of representation of interests of a client by an advocate in the constitutional judicial procedure. The author analyzes the positions of the Constitutional Court of the Russian Federation, noting special value of representation in court. The author considers that representation of the interests of a client in the Constitutional Court of the Russian Federation presupposes a number of procedural acts of relevant quality performed by an advocate in the name and in the interests of a client. It is pointed out that the complicated nature of constitutional legal evaluation of acts, which are being challenged, precludes the claimants from due protection of their rights, if the professional representation is not involved. The author analyzes most prominent features of constitutional judicial procedure, making it differ from other types of judicial procedure, such as civil, administrative and criminal procedures. These differences influence the specific features of representation in the Constitutional Court of the Russian Federation. The author presents an overview of cases in the Constitutional Court of the Russian Federation with the participation of advocates, who were mostly representing claimants on constitutional complaints. The author evaluates the issue of procedural character of the activities of representative — advocate, and she draws a conclusion that the acts of an advocate influence the outcome of the case.

Keywords: law, court, judicial procedure, constitutional, advocate, representation, client, legal, procedural, position.

Abstract: The article on definition of “consumer” in the European Union law concerns analysis of legal norms, judicial practice and legal doctrine concerning this issue. The author provides analysis of a historic aspect of formation of the term “customer” in the EU law. The author then points out plurality of definitions of “customer” in the legislations of the EU, as well as the use of similar terms, such as “passenger”, “patient”. The article analyzes characteristic features of a customer and customer deals, provides examples of the practice of the Court of Justice of the European Union, which influenced the formation of the term “customer” and classification of customer deals. The author also analyzes the differences in the approaches towards the term “customer” in the national legislations of the EU Member States and in the supranational legislation of the European Union. Finally, the author draws a conclusion on the substantial elements of the term “customer” in the EU law and customer deals in the law of the EU.

Keywords: customer protection, customer deal, customer, passenger, patient, the law of the European Union, Directive, buyer, the Court of Justice of the European Union, physical person.