Abstract: This article includes analysis of the current state of legal provisions for the people’s rule in the Constitutions of the Republics, which are constituent subjects of the Russian Federation. The author analyzes the norms of these constitutional acts in order to establish the specific features and to uncover the contradictions, which appear in the process of constitutional legal enshrinement of the people’s rule. Much attention is paid to the analysis of positions of legal norms within the texts of normative legal acts and their contents.

Keywords: jurisprudence, people of the Republic, people’s rule, multinational people, power, bases of the constitutional system, constitution, republic, constituent subjects of the federation, structure.

Abstract: Currently the amount of rights and freedoms of a person is defined not only by the specific features of a particular society, but also by the global human and cultural values, as well as by the level of development of the international community. Considering the need for the formation of the universal international legal standards for human rights, the comparative studies in this sphere are of some interests. The legal systems of the Russian Federation and the Federal Republic of Germany are rather similar. Based on the analysis the author comes to a conclusion that in both of these states the sources of the human rights standards equally include international legal norms, the normative legal acts of supreme legal force, the Constitution of the Russian Federation and the Basic Law of the Federal Republic of Germany, the acts of the European Court of Human Rights, as well as the «soft law»: recommendations of the international organizations and acts of international conference. The author also notes the differences in understanding of legal force of court decisions on different levels and their correlations to the national courts in Russia and in Germany.

Keywords: jurisprudence, human rights, freedoms, the Constitution of the Russian Federation, the Basic Law of the Federal Republic of Germany, the sources, legal force, soft law, judicial practice, ECHR.

Abstract: The article is devoted to the studies of the structure of constitutional right to information through analysis of its elements: right to free search, access, keeping, transfer, use of information, which has detailed characteristics In the Russian legal norms. In order to provide specific information on this constitutional right, the author provides a classification of this right through the paradigm of right to access to the sources of information and the right to obtain information.

Keywords: jurisprudence, law, information, structure, problems, access to information, citizen, detailization of right, implementation of law, law-making

Abstract: The article includes analysis of the current legislation, which regulates the legal relations in the sphere of implementation of non-judicial mechanisms for the protection of constitutional right to access to information on the activities of the courts in the Russian Federation, as well as of the legal practice in this sphere. The author singles out the competences of the chairmen of the Supreme Courts of the constituent subjects of the Russian Federation and the chairmen of the city (district) courts, and he also provides analysis of the competence of the prosecution in the sphere of protection of the constitutional right to access to the information on the activities of the courts in the Russian Federation. The article also includes positions of the author on the absence of specific mechanisms of control over the guaranteed access to the information on the activities of the courts in the Russian Federation both at the federal level and in the institutional acts, as well as on the lack of efficiency of the actions of prosecutors in the sphere of protection of violated rights for the access to information. The author also expresses his opinion on the key directions for the improvement of legislation and legal practice in the sphere of access to the information on the activities of courts in the Russian Federation.

Keywords: jurisprudence, court, department, information, protection, access, supervision, complaint, right, Constitution.

Abstract: The article includes analysis of the forms and key elements of fighting unfair competition. Evaluation of problems in the sphere of administrative legal protection from the unfair competition is of scientific interest, since the unfair competition is one of the popular types of violations of the anti-monopoly legislation, among such other types as monopoly activities and anti-competition actions of the public government bodies. Based on his analysis the author makes the following conclusions: that the administrative legal protection from unfair competition is a systemically structured formation, which includes normative and law-enforcement elements; the normative element can be characterized by the combination of material and procedural legal norms and the norms, which regulate the functions of the anti-monopoly bodies; the specific nature of the law-enforcement element includes the combination of the administrative and judicial measures against unfair competition. The widespread application of the administrative forms of fighting against unfair competition in Russia is unlike the situation in most foreign states, where the judicial forms of such measures prevail. It is due to lack of efficiency of judiciary in Russia and to the existing practice of the anti-monopoly bodies in the sphere of unfair competition, including advertisement. In the future it seems reasonable to use more of judicial and civil law means in order to fight unfair competition.

Keywords: jurisprudence, competition, unfair competition, unfair advertisement, administrative legal protection, anti-monopoly body, the Law on Protection of Competition, the Law on Advertisement, administrative responsibility, counteraction.

Abstract: In order to support the author’s concept of the formation of the institution of the service offence law within the administrative law, the author analyzes the basis of the service delict law, which is disciplinary responsibility of the state officials, and which in turn is a type of disciplinary coercion within the framework of official service relations. Based upon the analysis of disciplinary responsibility in the spheres of labor and administrative law, the author makes a conclusion on the need to distinguish two separate types of legal responsibility in the theory of law: the official service disciplinary responsibility and the labor disciplinary responsibility. The possibility of recognition of responsibility of state officials as official service responsibility is due to the status of persons, to which it is applicable, as well as to the sources of its legal regulation, the broader definition of the disciplinary offence, its goals and functional aims, as well as to the nature and elements of legal relations, within which the state officials may be held responsible, the types of disciplinary punishments and the order of their application. Having recognized such an approach, one may state that the official service disciplinary responsibility of state servants is a part of administrative law and a sub-institution of the official service offence law.

Keywords: jurisprudence, official service offence law, institution of administrative law, sub-institution of the official service offence law, state officials, disciplinary responsibility, official disciplinary responsibility, disciplinary labor responsibility, disciplinary legal relations, disciplinary punishments.

Abstract: In this article the authors provide detailed description of the right to education and they pay attention to the legal regulation of this right, including its regulation by international legal acts. Additionally, the article is concerned with the principles under which the right to education should be implemented. The authors recognize judicial and non-judicial order of protection of such rights. The authors provide the analysis of judicial practice on the cases regarding violations of legislation on education, as well as the data by various supervising bodies. The object of study is the right to education and particular means of its implementation. The goal of the study was to define the key means of protection and guarantees of the right to education in both judicial and non-judicial order. The specific goals include defining the elements of the right to education, its implementation, which is based upon various legal acts, as well as discussing various means of protection of lawfulness in this sphere. The method of studies is based upon the general scientific means and methods, which are applied by the legal science. The study is also based on philosophical methods, comparative legal and sociological methods. As a result of the studies the authors came to a conclusion that the legislative basis for the right to education should be amended and improved and a new law on education should be passed. The authors also propose that the combination of state control and social control by professional community and independent experts, including non-governmental organizations. It shall allow to raise efficiency of controlling measures and to improve the level of education in Russia.

Keywords: jurisprudence, education, lawfulness, control, supervision, court, protection, principles, right, education.

Abstract: This article includes analysis of legal regulation of protection and conservation of forests. The Forest Code of the Russian Federation provides for the general principles of the forest legislation in the sphere of protection and regeneration of forests, which is one of the key spheres of state activities in the sphere of conservation of forest. Protection and conservation of forests form a separate institution of forest law; however the lack of definition apparatus has negative influence upon the law-enforcement practice. There is no definition of «protection of forests», «conservation of forests», «regeneration of forests», their correlation is not clear. The article contains results of the studies of theoretical positions on protection of forests, the author studies positions on definition of protection and conservation of forests from the narrowest to the broadest interpretation. The author also provides detailed analysis of various activities on protection of forests, such as protection of forests from fire, diseases, regeneration of forests. Finally, the author formulates the definition for the protection of forests, which should be understood as conservation of forests by their preservation from fires, diseases, regeneration of forests and application of legal responsibility.

Keywords: jurisprudence, forest law, environmental law, protection, conservation, regeneration, legislation, fires, pollution, responsibility.

Abstract: The global environmental crisis, which is related to the rapid growth of humanity in XX century, scientific and technical progress, the unprecedented anthropogenic influence on the biosphere, has caused a great number of problems, which has put the humanity at the brink of survival. But the further development of humanity is impossible without due understanding by all people of the dangers of the existing environmental situation and the changes in their activities. It is generally recognized that the sources and perspectives of resolving the environmental problems are related not only to social and economic structure of the society, but also to such qualities of people, as understanding self-evaluation of nature, the measures of biosphere matters, responsibility to the future generations. The article is devoted to the training of environmental auditors, who are specialists on environmental protection. In Russia the market for the environmental audit is being formed without the due legal regulation and the system for the training and certification of environmental auditors.

Keywords: jurisprudence, nature, environmental protection, sustainable development, environment, environmental audit, ecologist, auditor, supervision, certification.

Abstract: The goal of this article is to analyze the new interpretation of application of customer protection legislation (first of all, of the Federal Law «On the Protection of Rights of Customers» of February 7, 1992, N. 2300-1) as provided for in the Decree of the Plenum of the Supreme Court of the Russian Federation of June 28, 2012 N. 17 «On the adjudication by courts in the customer protection cases». The need for such analysis can be explained by the novelty of this interpretation, which is due to the changes in the legislation itself and the legal practice. The author uses the method of comparative legal studies, which allows understanding the nature of changes more deeply. The article also includes analysis of the issues on the application of customer protection legislation to certain types of relations, of the protection of right of customers to the due quality of goods, works and services, as well as on various forms of responsibility of persons towards customers, as well as some other issues. The article shall be of interest first of all to the persons, who work with or are interested in the practical application of customer protection legislation.

Keywords: jurisprudence, customer protection, property insurance, financial services, participation of the agents, the fundamental defect of goods, works, services, technically complicated goods, lowering the fine, fine, refusal to perform under the contract.

Abstract: The key provisions of this article are devoted to the right to unilateral avoidance of performance under the contract in personal insurance. The author provides detailed analysis of the lawfulness of contract clauses on such avoidance on the grounds which are not provided by the current legislation, such as cases, when the insured person took alcohol, toxic, narcotic, psychoactive and potent substances without medical prescription, the insured person did professional sports, if this type of sport caused this person’s death, insured person committed a crime, and this crime was directly connected with the insurable event. The article also includes detailed analysis of application of the Art. 963 of the Civil Code of the Russian Federation to the personal insurance contracts, the author views the issues regarding insurable events taking place due to the gross negligence of an insured person.

Keywords: jurisprudence, insurance contract, personal insurance contract, life insurance contract, refusal to perform an obligation, grounds for the unilateral avoidance from the performance of obligations.

Abstract: The goal of the studies in this article is to coordinate the existing norms of civil legislation, which regulate the relations in the sphere of unauthorized construction and to discuss the future amendments to these norms. The goal of the study is to model a new institution of the unauthorized construction based on the upcoming reform, and to introduce a novel sub-institution of unauthorized construction within the sphere of supervision of the municipal bodies, which in turn should facilitate more rational application of municipal competence in the sphere of town planning and to improve the efficiency of the municipal bodies in the sphere of municipal issues. The study of the problem of unauthorized construction is based upon the operative analysis of the current norms of civil legislation, as well as on the propositions for the legislative amendments and reforms of civil relations in this sphere.

Keywords: jurisprudence, immovable property, town planning, supervision, construction, legitimacy, offence, responsibility, municipal bodies, competence.

Abstract: The developed industrial society recognizes the activities of agents, commissioners and solicitors as the mechanism which facilitates formation and development of economic and trade connection. Analysis of the market relations shows that there is a direct correlation between the state of economy, level of development and application of agent services. That is why it is of interest to study the legal nature of these contracts. It is especially so, since the institution of agency and commercial representation in the civil law require understanding of their nature for efficient practical use. While the agency and commission contracts are known previously, there are still problems and gaps within this sphere. The legislative regulation of the agency contract in the Civil Code of the Russian Federation failed to resolve some of the problems, which existed before this type of contract was recognized by the legislator. The article is devoted to the agency contract as a most popular contract in the sphere of mediation. The authors discuss the causes for it’s’ appearance in the Russian legislation, independence of its legal construction, topicality and necessity of this type of contract.

Keywords: jurisprudence, agency contract, commission contract, solicitor contract, independence, construction, mediation, agent, appearance, principal.

Abstract: The article is devoted to the analysis of the object of the surrogate motherhood contract. The author discusses the most topical problems of legal nature of the contract of mixed nature in the Russian civil law. By studying the normative basis and scientific works on surrogate motherhood on the verge where the branches of family and civil law connect, the author makes a conclusion on the mixed nature of this contract, which contains elements of service and independent work contract. Based upon the analysis of correlation between object and immediate object of the contract in Russian and international legal acts, the author gives a definition of the object of the surrogate motherhood contract. Much attention is paid to the absence of legal personality of an embryo, and to the protection of rights of a child at the stage of performance under such a contract. Based upon the above-mentioned studies, the author offers to provide the legislative definition of the surrogate motherhood contract, which would guarantee the rights of the parties, and resolve the issues of legal status of a child within this contract.

Keywords: jurisprudence, surrogate, mixed, contract, reproductive, object, immediate object, embryo, child, legal personality.

Abstract: The article includes complex analysis of the institution of housing the convicts outside the correctional institutions; the author shows the existing problems and offers the ways for the reforms of this institution. The author views various positions of the legal scholars, who specialize in penitentiary law, on the institution of housing of convicts outside the penitentiary institutions. The author also provides comparative analysis of this institution and the related institutions in the criminal penal law, such as benefits and changes of conditions of serving a sentence. The author then provides the grounds for the recognition of independence of this institution; he provides the definition of this institution, and he proposes to include a new article into the Criminal Penal Code of the Russian Federation. He discusses the topicality of this institution, as well as the need for its transformation within the framework of the modern penitentiary legislation. The author supports the position that the institution of housing of convicts outside penitentiary institution strongly stimulates the convicts towards correction and facilitates their social adaptation to the law-abiding life.

Keywords: jurisprudence, correction, stimulation, adaptation, isolation, benefit, individualization, differentiation, reform, humanization.

Abstract: The article is devoted to the topical problems of procedural regulation of opinion of a specialist as evidence. Due to the introduction of substantiation into the inquiry, the status of opinion of specialist based upon the studies within the procedure of inquiry on reported crime becomes higher. The results of the study by a specialist are in fact recognized as equal to the expert opinion.

Keywords: jurisprudence, special knowledge, judicial expertise, forensic studies, special knowledge, judicial expertise, inquiry on crimes, specialist, operational and investigation activity, samples for the comparative study, opinion of a specialist, testimony of a specialist.

Abstract: The article is devoted to the studies of the forensic characteristics of types of crime. The results of the study showed that an object of crime is one of the key issues for its forensic characteristics, and the model of crime should be based upon it. That is why, the article includes analysis of just some crimes of this type, which are united by a common object, that is - by the water biological resources, such as certain types of trepang (Apostichopus japonicu) and scallop (Mizuhopecten yessoensis, Swiftopecten swifti). The article uncovers the correlations, dependencies and patterns in the elements of forensic characteristics of crimes, such as the object of crime, the immediate object of crime, personality of a criminal, conditions, method of crime, the traces, which form the structural elements of a crime.

Keywords: jurisprudence, forensic studies, characteristic, procurement, biological resources, method, traces, conditions, personality.

Abstract: Both the Russian law and the international treaties on unification of leasing relations recognize the foreign «nationality» of a lessor or a lessee as an element, which allows recognizing a trans-border contract. This article includes analysis of other elements, which allow to recognize leasing as trans-border legal relation, and which connect it to the international legal order, as well as the practical and legal consequences of inclusion of foreign elements into a contract. The author analyzes the following trans-border elements: participation of the foreign seller in a leasing deal; inclusion of the foreign parties into the obligation due to cession or performance of an obligation by a third party. Additionally to the cases of introduction of foreign subjects, the author also discusses the cases when the leasing object is situated in a foreign state, or when the contract is concluded abroad. The conclusions are based upon the judicial practice of the arbitration courts, as well as upon the provisions of the Russian and foreign legislation.

Keywords: jurisprudence, leasing, conflict of laws, legal relations, lesser, lessee, seller, sale of goods, dispute, cession.

Abstract: It is for us yet to understand and comprehend the lessons taught to us by the Fukushima catastrophe, which is second in danger only to the Chernobyl catastrophe. However, while this catastrophe did not have considerable trans-border effects and it took place in a state which is not a party to any treaty on compensation of nuclear (atomic) harm, one can make some conclusions, which are relevant for the development of international legal mechanisms of responsibility for the nuclear harm.

Keywords: jurisprudence, nuclear, harm, international, responsibility, compensation, nuclear, atomic, harm, international, compensation, energy industry, APS «Fukushima-1».