Keywords: Konstitutsionnyi sud RF, edinstvo ekonomicheskogo prostranstva, nalogovaya tsentralizatsiya, federativnoe ustroistvo, pozitsii Konstitutsionnogo suda, balans interesov

Keywords: federativnye reformy, federalizm, parlament, konstitutsionnye prava grazhdan, manifestatsii, svoboda slova, Prezident, Konstitutsiya RF, politicheskaya sistema

Keywords: vybory, Konstitutsionnyi Sud RF, kandidat, podkup izbiratelei, zakon, podpisnoi list, deputat

Keywords: Gosudarstvennyi sovet, Konstitutsionnyi sovet, administrativnaya yustitsiya, obshchaya volya, suverenitet parlamenta, verkhovenstvo zakonov, printsip razdeleniya vlastei

Keywords: Ministerstvo yustitsii Kanady, edinaya pravovaya pozitsiya, otsenka kachestva, tsentralizatsiya, adaptatsiya zarubezhnogo opyta, eksperiment, professionalizm, kriterii udovletvorennosti

Abstract: Through the prism of legal fiction the author studies the legislation of the Russian Federation on freedom of association, which was amended in June of 2012, as well as the practice of its application by the courts of general jurisdiction. The author substantiates existence of legal fiction of including the events, which are not public by their nature, into the category of public events (e.g. recognition as a public action the mass simultaneous presence (movement) of persons, religious events, flash-mobs, and other forms of activity); legal fiction of recognition of a combination of a one-man pickets as a united action; legal fiction of priority of specially designated areas for public events over other areas (which is present in the practice of responsibility for organizing actions outside the designated areas and refusal for approval for the events in regular areas). As a conclusion, the author refers to negative influence of legal fiction techniques on the contents of the right of citizens for association, and more specifically, for the unconstrained implementation of the legal competence in the sphere of choice of form and place for the actions.

Keywords: jurisprudence, constitutional law, legal practice, legal fiction, freedom of association, public event, religious event, combination of pickets, non-public legal nature of an event, specially designated areas.

Abstract: The states, which were freed from totalitarian regimes put upon them by a political party or a political leader, aim to find balance between the announced democratic values and accpetable measures of protection of their constitutional order. The constitutional courts, which serve the function of control over compliance with the Constitution by the political parties in their activities, should also facilitate achievement of this balance e. The post-Socialist states of the Eastern Europe are usually regarded as post-totalitarian states, and a number of such states were analyzed in this article. The author used mostly formal legal and comparative legal methods in the analysis of legislation and judicial practice. The court should directly control both the constituent documents and the activities of its members and followers. The indirect influence upon the activities of political party is cast by the constitutional court, when the election disputes are resolved, and constitutional norm control of acts regulating status of parties and other associations of persons, including the procedure for the financing of their activities. These theses are supported by the analysis of the modern legislation and practice of the constitutional courts situated in the former Yugoslavia territory, and results of the analysis are reflected in the article. The author makes a conclusion that in Russia the competence of the Constitutional Court in regard to the constitutional control over the activities of the political parties is much weaker than that of the constitutional courts of the former Yugoslavia states.

Keywords: constitutional court, political party, incompliance to constitution, activities of a party, constitutional control, election disputes, post-Socialist states, former Yugoslavia states, prohibition of a political party, freedom of association, party financing.

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: The institutions of military priests in the Russian Federation and in Italy have a rather lengthy history. At the same time after 70 years of atheist ideology the revival of the military priesthood has become an object to many discussions in Russia. On one hand, the need to improve spiritual and moral values of the Russian army is obvious, on the other hand, there is no clear concept, which would conform to the constitutional principle of the secular state, implementation of right of people to freedom of conscience and religion in the military forces. The study of the normative legal acts of Italy allowed to establish constitutional legal status of chaplains and to signify the key problems, which the state and religious associations have to face.

Keywords: jurisprudence, secular, religion, secularism, religious associations, military priest, army, freedom of conscience, freedom of religion, state.

Abstract: The article contains analysis of constitutionality of the norm of the Federal Law of June 12, 2002 N. 67- FZ «On the primary guarantees of election rights and the right to participate in referendum of the citizens of the Russian Federation» (pp. «a» p. 3.2 of Art. 4), establishing the prohibition for being elected for the persons ever convicted for the commission of grave and extremely grave crimes. Topicality of this issue is due to the fact that a group of citizens filed a suit in the Constitutional Court of the Russian Federation. The federal legislator has a right to establish other limitations to the election right of citizens of the Russian Federation in addition to those provided for by the Art. 32 p. 2 of the Constitution of the Russian Federation. The author comes to a conclusion that the limitations should not cross the constitutional values, as enshrined in p. 3 of Art. 55 of the Constitution of the Russian Federation. The limitation to the passive elective right by the Federal Law «On the primary guarantees of election rights and the right to participate in referendum of the citizens of the Russian Federation» complies with the constitutional principle of equality of individuals and citizens. The author makes a conclusion that the fact that the though a person may have served his term, it does not free him from responsibility for a crime, and it may not provide for an exception from the general limitation of passive elective right. The article also establishes the issue of correlation of different types of legal responsibility: constitutional and criminal. In the opinion of the author, the existing limitation to the passive elective right does not contradict to the Constitution of the Russian Federation. Additionally, this limitation corresponds to the principle of reasonableness and proportionality, which were often mentioned in the decisions of the Constitutional Court of the Russian Federation.

Keywords: election right, boundaries to limitations, equal rights principle, constitutional responsibility, proportionality principles, the Constitutional Court, constitutional justice, criminal responsibility, person, elector.

Abstract: The article is devoted to the issues of distortion of expression of will of the people, when establishing the voting results. the authors provides practical examples and he draws a conclusion that distortion of the will of the people in the Russian practice is rather widespread, and in order to afford protection from it, there is need for the development of a complex of measures in order for the voices of the voters to be calculated keeping secrecy of vote and with due correctness without distortion of expression of their will.

Keywords: jurisprudence, distortion, will, people, establishing the voting results, people, voting, elections, problems, propositions, conclusion.

Abstract: The article includes approach of the author towards definition and nature of civil (social) control. The author offers a number of efficient measures in order for the civil society to form and efficiently protect its Interests, facilitating progressive and dynamic development of the states. In spite of a large number of publications regarding social control, a number of topical issues still are not sufficiently studied. The reasons for it may include ongoing reforms in Russia and lack of stability of federal legislation in this sphere. These and some other circumstances provide for topicality and practical value of the study, and they define the need for the study, as well as scientific and practical recommendations in order to improve efficiency of social control. The methodological basis for the study includes general scientific and special legal scientific methods. The following methods played an important role in the study: dialectic, historic, comparative legal, specific social, statistical, logical, systemic structural analysis. The study was based upon generalization and systemic analysis of works of Russian scholar, as well as normative legal basis.

Keywords: jurisprudence, control, rights, freedoms, individual, citizen, problems, guarantees, power, Russia.

Abstract: The article contains analysis of the current legislation in the sphere of implementation of the judicial protection of constitutional right to access information on activities of the courts, as well as the critical analysis of It’s application based upon the judicial practice of the Novosibirsk Regional Court and city (district) courts of Novosibirsk region. The author supports the position that a federal judge represents a state body, while not administrating justice, when he takes part in the activities guaranteeing access to Information on court activities. The article also contains position of the author providing that implementation of the right to challenge acts and failure to act on the part of judicial officials, violating the right to access to information on activities of the courts and the order of its implementation should be provided within the framework of Chapter 25 of the Civil Procedural Code of the Russian Federation. The author proposes to amend the current legislation in order to deal with the existing practical contradictions and to guarantee the effective implementation of the right to judicial protection as enshrined in the Constitution of the Russian Federation.

Keywords: court, jurisprudence, access, challenging, Constitution, qualification board for judges, right, judge, information, access.

Abstract: The article concerns nature and goals of judicial constitutional control, the author compares existing models of constitutional justice, positive and negative features of various constitutional justice models, including the Russian model. The author comes to a conclusion that currently there is a tendency for bringing models of constitutional justice closer to each other; therefore, there is no reason to strictly follow one of such models. Rather one should use the positive features of several models, when forming the system of constitutional justice.

Keywords: jurisprudence, constitutional law, judicial constitutional control, constitutional protection, American, European, and Iberian models, constitutionalism, comparative law, constitutional justice, tendencies of constitutional justice.

Abstract: The article discusses the bases of constitutional order of the Russian Federation through the prism of legal positions of the Constitutional Court of the Russian Federation. Based on the examples of judicial practice the author illustrates substantial aspects of the political, social, economic and spiritual bases of the constitutional order, such as democratic state, recognition of human rights and freedoms as a supreme value, republican form of government, separation of powers, ideological and political variety, multipartisan system, federal state, independence of municipal self-government, rule-of-law state. The social economic bases of constitutional order, which are best studied in constitutional justice, include freedom of establishment, unity of economic territory, support of competition, recognition for variety and equal protection of various forms of property, social state. The spiritual values are usually discussed by the Constitutional Court through the analysis of the secular state. The Constitutional Court has expressed its legal opinions on almost all of the pillars of the constitutional order, and these opinions enrich the laconic provisions of the Constitution of the Russian Federation, and serve as landmarks for the legislators and law-enforcement bodies, as well as other participants of public relations, including private entities.

Keywords: constitutional, federalism, democracy, ideology, right, law, social, secular, politics, economics, parties.

Abstract: The basic functions of the state in economic sphere include strategical planning, which is established for long-term perspective, it defines the key directions of economic development , it also shows the goals for specific branches of national economy and key mechanisms for their achievement. The article is devoted to the specific features of definition and contents of constitutional institution of state strategy in economic sphere at the current stage of development. The goal-establishing acts of strategic character are currently being accepted in Russia without any systemic approach or normatively established hierarchy, classification, structure and requirements to their contents. The basic law in the sphere of economic strategical planning is the Law on State Forecasting and Programs for Social and Economic Development of the Russian Federation, which fails to reflect strategy and doctrine, which are actively applied in practice. The author uncovers the shortcomings of legal regulation in the sphere of acceptation of program strategic documents in Russia and forms recommendations for the improvement of the legislation in this sphere.

Keywords: state, constitutional law, state strategy, state planning, economics, economic development, functions of the state, constitutional institution, focused programs, doctrines.

Abstract: The article describes the process of «Islamization» of the region, historical dynamics of legal and political positions of religious organizations in Egypt. The author touches upon the problem of clericalization of Egypt through the prism of specific features of its historical path.

Keywords: jurisprudence, new Constitutions, clerical state, Egypt, clericalism, the Middle East, Arabian Spring, Islamization, Muslim Brothers, revolutions

Abstract: On March 14, 2013 the Constitutional Court of the Russian Federation has considered the case on constitutionality of some provisions of the Civil Procedural Code of the Russian Federation, the Federal Laws «On the basic guarantees of election rights and right to participate in referenda», «On elections of the deputies of the State Duma of the Federal Assembly of the Russian Federation». The claimants, including the Plenipotentiary Representative on Human Rights, the regional division of the «Fair Russia», member of the precinct election commission, election observer and elector, have challenged the official results of elections in court, however, their claims were not accepted for consideration. Citizen O.B. Belov had filed a claim on violation of his constitutional rights by application of para.1 of part 1 of the Art. 134 of the Civil Procedural Code of the Russian Federation in its relation with the Art. 220 and part 1 of Art 259 of the CPC. The claimant asked the Constitutional Court of the Russian Federation to establish unconstitutionality of the existing practice of interpretation of these provisions of the CPC, as well as the provisions of p. 10 of Art 75 of the Federal Law of June 12, 2002 N. 67-FZ «On the basic guarantees of election rights and right to participate in referenda «to an extent to which its application by the courts of general jurisdiction prevents the individual electors from challenging In court of the procedural violations by the precinct and territorial election commissions regarding counting voices of electors and completion of the protocols, since such a practice contradicts the provisions of p. 3 of Art. 3, p. 2 of Art. 32, p.1 of Art. 46 and p. 3 of Art. 55 of the Constitution of the Russian Federation. This article is based upon the speech by the author as a representative of one of the parties in the Constitutional Court of the Russian Federation on the above-mentioned case.

Keywords: jurisprudence, election law of the Russian Federation, counting the voices of electors, the Constitutional Court of the Russian Federation, the election commission, the Venetian Commission, the civil process, the judicial protection, constitutional right, interpretation.

Abstract: The principles of provision of free of charge legal aid were for the first time provided for in the Federal Law «On the Free of Charge Legal Aid In the Russian Federation», which was passed on November 21, 2011. This article is devoted to the characteristic features of each of nine principles enshrined In the Federal Law. These principles include the principle of accessibility of the free of charge legal aid for persons; the principle of social justice and social orientation of free of charge legal aid; the principle of equal access of people to the free of charge legal aid and abolishment of discrimination of persons in its provision; the principle of control over the compliance with the professional ethics and quality requirements by the persons providing free of charge legal aid, etc. This article may be of help for specialists providing legal aid to persons, state and municipal officials, as well as lecturers and students of law schools.

Keywords: jurisprudence, qualified, legal, free of charge, aid, principles, accessibility, justice, equality, confidentiality.

Abstract: The article is devoted to the process of Islamisation of the region, as well as the historical dynamics of the legal position of the religious organizations in a state. The problem of clericalisation of Jordan is viewed through the prism of specific features of its historical path.

Keywords: jurisprudence, the newest Constitutions, Jordan, clericalism, the Middle East, the Arabian Spring, the Muslim Brothers, Islamisation, Hashemite, religion.

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: This material is prepared based on the expert opinion of the scientific researchers of the Irkutsk Regional State Scientific Research Official Institution «Institute of Legislation and Legal Information named after M.M. Speranskiy», which was prepared on October 8, 2012 in response to the questions by the Judge of the Constitutional Court of the Russian Federation S.D. Knyazev. On February 14, 2013 the decision on this case – the Decision of the Constitutional Court of the Russian Federation № 4-P was announced.

Keywords: meeting, demonstration, peaceful gathering, administrative offence, expert opinion, international standards.

Abstract: The article includes analysis of the structure of scientific knowledge in the light of the idea of the guarantees of election rights of citizens. Since the best developed forms of organization of scientific knowledge are scientific theories, the author pays special attention to these formations within the system of science. Having analyzed the structure of scientific theories, the author comes to a conclusion that new theories of guarantees of election rights, guaranteeing election rights and guaranteed election law are being formed within the election law, and it currently undergoing the transformation from the phenomenological to nonphenomenological level. At the same time, only the first theory has universal character. Addressing the models of guarantees of election rights of citizens, which are objects of scientific laws, allows one to show the implementation of these laws (patterns) within the process of formation and development of such guarantees. At the same time, author considers that the key pattern is implementation of election rights of citizens in accordance with the generally recognized principles and norms of election law.

Keywords: jurisprudence, elections, guarantees, election rights, constitutional law, categories, laws, concepts, models.

Abstract: In accordance with Part 3 of the Art. 123 of the Constitution of the Russian Federation the judicial procedure is based on adversarial character and equality of the parties. This constitutional norm provides for the equality of all the parties to the process. It also means that claimant and respondent have equal rights in protection of their rights and lawful interests in civil process; so do the defendant and the prosecutor in the criminal trial; the entity or person, who challenges constitutionality of a normative legal act and a body, which published this act, in constitutional process; body or official having the right to apply the administrative measures and the person accused of an administrative offence in the administrative procedure. Provision for the rights and obligations of these parties in the Russian judicial procedures forms the legal basis for the conflict resolution among these parties. However, in reality implementation of rights by the parties fails to guarantee the uncovering of truth in a case, which requires the conflict resolution in the higher instance courts. Analysis of legislation, judicial practice and scientific sources allows one to make some conclusions on the contents of principles of adversarial procedure and equality among the parties, means and conditions for their implementation, powers of the court and its role in guaranteeing adversarial procedure and equality of the parties in the Russian judicial procedure, and to make some propositions for the improvement of some procedural norms.

Keywords: jurisprudence, adversarial character, equal rights, judicial procedure, process, justice, parties, position, evidence, constitutional.

Abstract: The article is devoted to the specific features of regulation of some territories of the constituent subjects of the Russian Federation, which differ from the regular administrative and territorial units. In the point of view of the author, such territories include the following: firstly, the administrative territorial units having special status (the territories of the former constituent subjects of the Russian Federation, which lost their status in the process of merging with other constituent subjects of the Russian Federation) and capitals of the Republics (administrative centers of other constituent subjects of the Russian Federation, etc.); secondly, the territories having special status, which are not administrative territorial units (specially protected territories, territories of emergency situations, tourist territories, etc.). The analysis of the Statutes of the five new (united) constituent subjects of the Russian Federation (regions and districts) shows that the six autonomous districts, which were included into them and therefore lost their independent status as constituent subjects of the Russian Federation while retaining their territorial integrity, became administrative territorial units with a special status. It is noted that there is lack of due legal regulation on both federal and regional levels, and especially so in the sphere of protection of indigenous small-numbered peoples. The author questions lawfulness of the transformation of administrative territorial units having special status into the single municipal unit. The article also includes analysis of the capitals (administrative centers) of the constituent subjects of the Russian Federation as special territorial units, having an important function. The author pays attention to the definition of status of specially protected natural sites of regional value, and she points out some specific features of their regulation in various constituent subjects.

Keywords: jurisprudence, law, constituent subject, territorial unit, administrative unit, administrative center, autonomous district, municipal, small-numbered peoples, natural sites.

Abstract: The Constitutional Court of the Russian Federation took a case on constitutionality of the Federal Law «On amendments to the Code of the Russian Federation on Administrative Offences and the Federal Law «On Gatherings, Meetings, Demonstrations, Marches and Picketing», which was passed in June 2012, and some of its provisions. When the case was being prepared for a hearing in the Constitutional Court of the Russian Federation, the reporting judge formulated a number of questions, answers to which matter for the correct ruling on the case. The author provides these questions and the answers to them as they were prepared for the report of August 7, 2012 for the Constitutional Court of the Russian Federation. In February of 2013 the final decision on this case was reached by the Constitutional Court (the Decision of the Constitutional Court of the Russian Federation № 4-P).

Keywords: jurisprudence, mass actions, meeting, picketing, administrative offence, correctional works, fine, the Venetian Commission, the criminal responsibility.

Keywords: Territoriya, sub'ekt RF, preobrazovanie, ob'edinenie sub'ektov RF, obrazovanie novogo sub'ekta RF, granitsa, referendum

Keywords: gosudarstvo, territoriya.

Keywords: narody Dagestana, obychnoe pravo, poliyuridizm, pravovaya sistema, traditsii.

Keywords: Mezhdunarodnoe pravo, istochniki prava, resheniya Evropeiskogo suda po pravam cheloveka, resheniya Konstitutsionnogo Suda Rossiiskoi Federatsii, Interlakenskaya deklaratsiya, yuridicheskaya sila, pravovye pozitsii.

Keywords: Doktrina prav cheloveka; zashchita prav cheloveka; Evropeiskii sud po pravam cheloveka; Konstitutsio

Keywords: Votum nedoveriya, votum doveriya, Bolgariya