Abstract: This article is devoted to the alienation problem in political philosophy of the renown European Renaissance philosopher Benedict Spinoza (1632-1677). B. Spinoza paid much attention to the philosophical analysis of political and legal categories, since, being a rationalist, he was much interested in the problem of possibly establishing state rule based on the “natural light” of enlightened mind and public good. The Dutch thinker expressed his views in much detail in his works, and he provided for the constitutional models of the “ideal” state, showing his way to overcome political alienation. While B. Spinoza did not use the term “alienation” in his works, his creative heritage is concerned with the problem of alienation of political institutions. In his point of view it becomes possible to overcome political alienation, when the democratic state, which is a product of the social contract, is established. In order for the state rule to comply with the principle of public good, the activities of the government should be based on the rule of the people. The nature of democracy is to bring the society to its natural condition, so that the legal norms come into accordance with the requirements of natural law. Therefore, only the democratic rule is able to overcome the alienating influence of the government institutions and to establish the priority of the public good, which is a combination of the three key elements: freedom, equality, and justice.

Keywords: jurisprudence, alienation, democracy, natural law, modus, monism, alienation, nature, force, substance.

Abstract: The article is devoted to the topical problems of legal regulation of the tea trade. Based on the study of the archive documents and the analysis of the normative legal acts of the Russian Empire the author shows the formation of the legal regulation mechanism against the widespread problem of falsified tea turnover in late XIX — early XX centuries. The author proves that the legal measures in this sphere were based on the fiscal interests of the government in the first place, and the protection of rights of customers was secondary.

Keywords: trade, tea, falsification, surrogate, customer, import, levy, package, postal packet, report, seller, circular letter, law.

Abstract: Implementation of the provisions of the Federal Law of May 8, 2010 n. 83-FZ “On amendments into certain legal acts of the Russian Federation due to the improvement of the legal position of the state (municipal) institutions” lead to the changes in the financing of budgetary institutions. Due to this fact, the article is devoted to the specific features of the current financing of the budgetary institutions, namely to the financing via the subsidies for the implementation of state (municipal) order. The author also analyzes and points out specific features of other types of budgetary financing, such as subsidies for other purposes and the budget investments. The author also provides comparative analysis and evaluation of these forms of budgetary financing of budgetary institutions.

Keywords: jurisprudence, budgetary institution, budgetary subsidies, budgetary investments, state assignment, financing, budget, budgetary reform, estimate cost, agreement.

Abstract: The article contains a complex study of doctrinal documents in the nature management legislation of the Russian Federation, such as strategies, concepts, doctrines, which establish the key directions for the legislation development in the sphere of management and protection of specific natural resources for the long term and medium range term perspectives, as well as the other strategic documents in the sphere of guarantees of national environmental security, such as the Concepts for the National Security of the Russian Federation, the Environmental Doctrine of the Russian Federation, The Concept of the Sustainable Development Transfer of the Russian Federation, the Bases of the Governmental Policy in the Sphere of Environmental Development of the Russian Federation for the period till 2030, etc., based in which the Concept of Formation of Nature Management Legislation Concept is formed with the due consideration of theoretical and empirical studies of legal norms on rational nature management. The practical value of the studies is due to the fact that the results, conclusions and recommendations may be used in law-making in the sphere of national security guarantees. The methodological basis for the studies includes normative — legal and institutional — functional analysis. Additionally, dialect, logical, prognostic, systemic, content analysis are used, as well as statistical, technicallegal and comparative legal methods. The character of the object of the studies presupposes the systemic and structural approach to the problem of the Concept for the formation of natural resources legislation at the time of transition. The result of the studies is the Draft of the Concept for the Formation of Nature Management Legislation, which includes the theoretical basis for the system of the nature management legislation, as well as levels and priority of legislative decisions in this sphere, united terminology and definition system for the legislative acts in this sphere, as well as the list of legislative act, which have to be passed in order to implement the Concept based on the packet principle.

Keywords: jurisprudence, politics, strategy, nature management, security, environmental protection, doctrine, concept, resources consumption, resource-saving.

Abstract: The article includes analysis of the normatively provided official definition of the public legal entities, as well as the key problem of defining the character of legal capacity of public legal entities as subjects of civil law. This issue is quite topical both from the scientific and practical points of view. The detailed analysis of the acts of the Constitutional Court of the Russian Federation in this issue allows to end the discussion. The legal capacity of public legal entities is special, and it is due to both their nature and the goals of their formation and existence. This theoretical thesis serves as a basis for the valuable practical conclusion. Namely, that such subjects cannot perform entrepreneurial activities. Based on the analysis of the acts of the Constitutional Court of the Russian Federation, the author offers to amend the current legislation.

Keywords: jurisprudence, public legal, the Constitutional Court of the Russian Federation, legal capacity, legal subject, nature, the Russian Federation, the constituent subjects of the Russian Federation, entities, character.

Abstract: The article includes analysis of the key approaches to the public legal entity (public law entity) in the scholarly literature in order to establish their legislative potential. The author shows the negative practice of introduction of the ad hoc organizational and legal forms into the Russian legislation, in order to provide for the state-dependent subjects of the civil turnover in accordance with the needs of the state as a party to the property relations. In order to improve the existing legislation and the practice of its application the author offers to form a new organizational legal form of a public legal entity within the system of legal entity, and to establish that this new form shall substitute for all of the current forms of participation in civil turnover by the state-formed entities. It is noted that such an approach shall allow to unify the rules under which such subjects become parties to the property relations and to close the list of non-commercial legal entities. The article supports the civilist approach to the category of legal entity, which still provides for the possible interdisciplinary approach.

Keywords: jurisprudence, public legal entity, civil law, state, legal capacity, organizational legal form, state corporation, state, ad hoc subjects, interdisciplinary studies.

Abstract: The article includes comparative legal analysis of the position of federal public, budgetary and autonomous institutions at eh federal level. The author establishes the key similarities and differences in their legal position. Finally, the author offers to amend the current Russian legislation, which regulates the legal position of federal state public, budgetary and autonomous institutions in order to make their state services more efficient.

Keywords: jurisprudence, public entities, budgetary entities, autonomous entities, federal budget, state services, reform, legal status, non-commercial entities, operative management.

Abstract: The article includes analysis of the specific features of order placement for the needs of public, budgetary and autonomous institutions at the time of reform of municipal and state institutions. The authors evaluate the rules of interaction of two normative acts: the Federal Law of May 8, 2010 N. 83–FZ, and the Federal Law of July 21, 2005, N. 94-FZ, as well as their application to the activities of the autonomous, budgetary and public institutions.

Keywords: jurisprudence, institution, order, supply, buyer, supply, budget, needs, purchases, services.

Abstract: The article includes analysis of the powers provided to the organs of the limited liability company. The author provides an important definition of their correlation.

Keywords: jurisprudence, limited liability company, organ, competence, management model.

Abstract: The article is devoted to the issues of contractor responsibility in auditor services. The author proves that auditors and audit organizations have civil law responsibility to the unlimited range of persons, that is to any user of the audit report. The author then makes a conclusion on the offence-based responsibility of auditors in addition to the contract-based responsibility.

Keywords: jurisprudence, audit, auditor, audit organization, contract-based, offence-based, limits, conditions, specific features, responsibility.

Abstract: The article is devoted to the complicated character of the legal relations, appearing in accordance with the judicial cases on changes in the legal positions of persons with mental disorders. The issue of including this category into the above-mentioned category of cases in accordance to the civil judicial procedure is quite controversial. Having analyzed the cases on limitations to legal capacity, on recognizing a person legally incapable, and on involuntary hospitalization, the author concludes that these cases should be dealt with in adversary proceedings, and regarded as transformative cases, which are aimed to change or limit legal status of a citizen.

Keywords: jurisprudence, lack of legal capability, judicial procedure, hospitalization, disorder, mental, illness, dispute, psychiatric, stationary.

Abstract: This article is devoted to the analysis of various points of view towards the term “judicial mistake” in cases of review of judicial acts, which are in force, due to new or newly found circumstances in civil and arbitration processes. The author analyzes the positions of the scientists, who work with this problem. The author also pays much attention to the definition of “judicial mistake”, based on the legislation of the Russian Federation and scholarly literature, then establishing the position clearly. It is considered that when the court fails to establish the fact, of which due to objective reasons the judge could not have known, should not be regarded as a judicial mistake. In spite of the dubious attitude towards correcting judicial mistakes at this stage of civil process, the author concludes that judicial mistake is not the basis for the revision of judicial decision due to new or newly found circumstances. The author then comes to a conclusion that in order to correct judicial mistakes one can use appeals, cassation and general revision procedures.

Keywords: jurisprudence, judicial mistake, review, Civil Code, arbitration process, review of the judicial acts, which are in force, new circumstances, newly found circumstances, judicial acts, grounds.

Abstract: Currently there is obvious lack of due theoretical studies in the sphere of understanding of conceptual position of human rights in criminal legal procedure, as well as of the position of person within this procedure, when rights of a person are protected or limited by the state. The lack of such understanding leads to the failure to comply with the constitutional guarantees of human rights in criminal legal procedure and in cases of application of coercive measures. Understanding and guarantees of human rights and freedoms during the criminal law process should have primary value in comparison to the term of exposure of a crime, and the necessary procedural means of coercion, as applied by the accusing party. Guarantees of rights and lawful interests of a person in criminal law process should be supported by investigators, inquiry officers, prosecutor, court, advocate with the due participation of other parties to the criminal judicial procedure in order to guarantee optimal conditions for the implementation of procedural rights and responsibilities of its participants.

Keywords: jurisprudence, person in a criminal law process, human rights, guarantees of rights of a person, suspect, accused, investigator, prosecutor, judge, procedural guarantees.

Abstract: The idea of this article is to systematize the views on the procedural status of the participants of the receipt of information on the connections between the users and (or) their terminals, as well as to provide the practically supported rules, which are not yet provided for legislatively. Having analyzed the competence of investigator, the author points out that under the provisions of the Criminal Procedural Code of the Russian Federation only the investigator, who has the case, may assign investigative activities, or it can be done by head of the group, if a investigative group is working on a case. At the same time, any investigators in such a group may take part in judicial proceedings. Having studied the competence of the head of the investigative body, the author comes to a conclusion that only the directly supervising officer may be empowered to require such an action. The author considers that only federal judges of district courts or courts of the same status are empowered to give permission to obtain information on the connections between the users and (or) their terminals, and the justices of peace and judges or regional courts have no such powers. All of these conclusion may have considerable practical value, considering that there is no unified approach to this issue.

Keywords: jurisprudence, information, connection, user, investigator, head of the group, prosecutor, judge, operator, status.

Abstract: This article is devoted to the problems of assignment and implementation of the judicial psychological expertise of the underage victims of sex crimes. Since the problems of sexual violence towards children are quite topical, the judicial psychological expertise on criminal cases of this type holds a special value. The author studied articles and publication on this issue, as well as the norms of the Criminal Procedural Code of the Russian Federation and the legal practice on the issue. The author discusses the following problems in this article: 1. The order of holding an expertise, depending on the age of a subject person is not differentiated in the CPC of RF. 2. There are no additional guarantees of protection of rights of underage persons when holding judicial psychological expertise, which allows for the use of procedures with no due regard to their physical and psychological specifics. 3. The legislation of the Russian Federation does not have any legal mechanisms, which would provide for the quality of judicial expertise, held by private (non-state) experts. 4. The investigator (the court) is guided by the inner conviction in their evaluation of the due capacity of an expert in the sphere of psychology of the underage persons. Often judicial psychological expertise is assigned to the person lacking competence in this specific sphere. 5. There is no normative provision for the list of necessary and permitted methods for the psychological expertise on cases, regarding sexual violence towards the underage persons, which leads to the use of variety of methods for the diagnostic studies. The author also provides for the possible solutions for these problems, including possible amendments into the criminal procedural legislation.

Keywords: jurisprudence, expertise, psychology, sexual violence, sex crime, underage, victim, assignment, performance, evaluation.