Abstract: This article is devoted to classification of functions of law. The author sets the goal to provide a thorough study of various criteria for the classification of functions of law. Legal literature provides various criteria, and it is quite often that the researchers attempt to apply the criteria for the classification of state functions to the theory of functions of law, which in the opinion of the author is not always possible and objectively viable. Classification of functions of law should be independent and it should reflect substantial characteristics of functions of law, and not of the state. After the comparative analysis of the criteria for the classification of the functions of law, the author draws a conclusion that any classification of functions of law is somewhat relative, since all of the functions are interrelated and they interact among themselves. The most substantiated and practically oriented classification in the opinion of the author is the classification, which divides the functions into general legal functions, disciplinary, intuitional and norm-related; into legal and (relatively) social (nonlegal); primary and derivative ones.

Keywords: classification of functions of law, classification criteria, functions of the state, general legal functions, branch functions, institutions, norms, legal functions, non-legal functions, relative social functions.

Abstract: The theory of law contains many unsolved problems, which, while seeming unconnected to the legal hermeneutics, form terminological cocoons, hiding and obscuring legal truth, and forming obstacles to the studies of legal materials, scientific legal rationalization and clarification of its directions, leaving us without due understanding of substantial legal terms. One of the topical problems concerns object in law. The author has a critical evaluation of the existing interpretations, considering it to be necessary to develop a unified understanding of an object in law, which may be related only with the behavior of the subject of law, forming material legal contents of the legal relation. Analyzing the terms “object of law”, “object of influence of objective law”, “object of norm of law”, “object of influence of a legal norm”, “object of regulation of a legal norm”, “subjective right object”, “object of rights and obligations”, “object of legal relation” the author comes to a conclusion that a unified position of legal scholars should be based upon the recognition of solely the object of legal regulation (constitutional legal, administrative legal, civil law, etc.) or an object of a legal relation. The interrelation between the legal form and legal contents logically draws us to a conclusion on the substantive basis for the concept of elements of a legal relation, including legal form, material legal contents, subject of law, object and immediate object o a legal relation.

Keywords: subject of law, object of legal regulation, object of legal relation, legal regulation, theory of legal relation, theory of legal relation, elements of legal relation, law, legal relation, legal form, de facto contents of the legal relation.

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 article concerns the system of legal regulation of efficiency of budget expenditures in the framework of goal-oriented budgeting, substantiation of priorities and expected results through calculation of their efficiency, principles of financing autonomous, budgetary and fiscal institutions, facilitating goal-oriented and efficient use of budgetary funds, program method of planning of financial activities, issues of improvement of the legislation of state and municipal purchases, legal regime for the formation of a sustainable financial basis for the implementation of expenditure obligations based upon the modern principles of efficient management of state and municipal finances, as well as normative acts, scientific works and norms of foreign legislation, regulating analogous relation, the methods used include combination of general scientific and specific methods for the cognition of legal reality. In the process of scientific study the author used methods of analysis and synthesis, systemic structural and systemic legal analysis, as well as a dialectic method. The scientific novelty concerns the study of efficiency of budget expenditures within the framework of goal-oriented budgeting, as one of the methods for the more efficient expenditures. It is established that the spending are connected to the programs, services, types of activities and their results. The author singles out general and specific principles for the financing of budgetary, fiscal and autonomous institutions. It is proven that provision of inter-budgetary transfers guarantees implementation of a unified budgetary policy, while the subsidies serve as one of the forms of state support, stimulating the activities of the constituent subjects of the Russian Federation in the sphere of development of regional economies and social structures, involvement of the federal budget funds in the priority directions for the investment spending, facilitating the regional development according to the priority directions of state support. Improvement of the quality of state services is implemented through the mechanism of delegation of federal spheres of competence to the level of the constituent subjects of the Russian Federation with the provision of subventions as financial guarantees for the said competences.

Keywords: budget, budgetary system of the Russian Federation, expenditures, expense obligation, efficiency, budgeting, efficiency, public services, inter-budgetary transfers, program targeted method.

Abstract: The article concerns one of the most interesting types of the institution of tax law – limitation period for collection of tax debt. It should be noted that this term and definition are not used in the current legislation on taxes and levies, and it is doctrinal (this is the concept of the author of this article). Their nature provides that one type of tax law period of limitation unites several tax payments: tax arrears, fine, and penalty, having different legal nature, but being closely connected within the framework of one institution with both the general elements of tax law limitation period and specific features of this type. The studies of the norms regulating the period of limitation for tax arrears shows a large quantity of problem, most of which are specifically related to the legal regulation of relations in this sphere. The methodological basis for the article included systemic and analytic-synthetic approaches towards the analysis of the Russian tax legislation, judicial practice and other sources of law. It also should be noted that the study took place based upon the latest achievements of the general theory of law in this sphere, allowing to analyze the norms of tax law through the doctrinal prism. The study allows one to see that formation and multiplicity of the existing problems is due to a number of factors, the main of them being the lack of clear legislative strategy for its legal regulation in this sphere. It is clearly shown in the article that in spite of their positive features amendments and changes in the tax legislation in this sphere are chaotic, as a result some positive norms are excluded, contradictions and ambiguities appear, and there are gaps and excessive regulation. These problems have a significant influence upon the correct understanding of a united institution, causing numerous judicial disputes, contradictory interpretations, which follow each other, judicial mistakes, and the rights and lawful interests of taxpayers and other participants of tax relations are being violated. At the same time the science of financial law currently does not provide adequate research on these issues, which could have allowed to give answers to the above-mentioned questions. That is why, this is a topical study, since in addition to the critical evaluation of problems, it also includes propositions, allowing to solve the problems at another quality level, using systemic and complex approach towards the legal regulation of social relations in this sphere, which would reflect the concept of tax law limitation period, when the legislation would provide clear and consistent provisions for all of the necessary elements and characteristic features of this legal institution.

Keywords: tax law limitation period, type, tax indebtedness, collection, tax in arrears, fine, penalty, general limitation period, special limitation period, legal consequences.

Abstract: The article contains evaluation and comparative analysis of the elements in the taxation mechanisms in the Western European states, mostly, in the Great Britain and in Germany. The author singles out the main approaches towards taxation of immovable property, considering that their application in the Russian Federation shall facilitate formation of a more efficient legal system. In the Great Britain the immovable property tax is mostly a local tax, and it plays a significant role in the formation of local budgets. The author reviews two opposing positions in the sphere of taxation of immovable property. In Germany and in Russia the property tax is paid solely by the owner, and in the Great Britain it is also paid by the tenant. In Russia there is a very complicated system of inventory evaluation for the immovable property. It is stated that understanding and definition of immovable property is generally similar in different states. From a fiscal point of view the systems of taxation in the Western Europe are much more efficient than the analogous system in Russia today. The same may be said of the structure of legal regulation for the taxation system in Russia and abroad. The author makes propositions on what should be taken into consideration for the maximum fiscal efficiency in the taxation of property of natural persons in Russia.

Keywords: state, property, local tax, municipality, immovable property, federation, natural persons, tax, taxpayer, rent.

Abstract: In this article the author provides characteristics of the procedure for the coordination of tax obligation by the analysis of the current norms of the Tax Code of Ukraine. He studies the terms such as “sum of tax”, “tax obligation”, “monetary obligation”, “tax debt”.

Keywords: tax obligation, coordination of a tax obligation, tax, sum of tax, taxation, monetary obligation, tax debt, tax code, tax relations, fines.

Abstract: Analysis of the current legislation of the Russian Federation makes the author conclude that the legal regulation of the provision of plots of land for the construction needs is mostly provided at the federal level. There are only two cases, when the constituent subjects of the Russian Federation have a right for independent acts within their competence in this sphere. The first case is when the federal law directly provides that a constituent subject of the Russian Federation should adopt a normative legal act. The second case is when the relevant issues are not directly regulated by the federal law, however, adoption of such acts is not prohibited and is caused by the need to implement land and city planning competence of the constituent subjects of the Russian Federation. The author provides examples from the legislation of the cities of St. Petersburg and Moscow for each of these cases. This article also concerns the shortcomings of the current legislation of the cities of federal significance in the sphere of provision of land plots for construction needs, and the author provides analysis of the judicial practice on ambiguous issues.

Keywords: provision of the plots of land, joint competence, cities of federal significance, city planning activities, land legislation, city planning legislation, territorial planning schemes, normative for the city planning, permission for construction, city planning programs.

Abstract: The object of studies is use of musical and other creative product in the process of making a parody. The legal norm on the free use of creative product for making parodies (Art. 1274, p.3 of the Civil Code of the Russian Federation) is not sufficiently efficient for the regulation of relations between the authors of the parodies and the authors of creative products used for these parodies. An original creative product plays a significant role in the mechanism of perception of the parody by the public, guaranteeing success of the parody in the course of its economic turnover. As a result of application of the current norm the interests of the authors of original creative products used for making parodies are being abridged. The author used the method of historical analysis of development of parody as a genre in literature and art, as well as analysis of the connection between an original creative products and a parody in the process of perception of the latter by the viewers, readers or audience. Since the legal norm on the free use of creative works for making parodies on their basis is adopted quite recently, there are no scientific evaluations of the relations in this sphere. In the course of evaluation of this issue the author makes a conclusion on the need to pay remuneration to the authors of all creative works, which are used for parodies.

Keywords: copyright, parody, imitation, reworking the products, free use of products, royalty, creating a product, comical evaluation, original creative product, plagiatry.

Abstract: The article concerns and singles out unique specific features of the nature and structure of sports regarding the labor relations of professional sportsmen. The author defines the following specific features: personified character of labor relations; significant risks of harm to health of a professional sportsman and systematic damage to the health of professional sportsman throughout his sports activities, specific features of temporal conditions of labor of professional sportsmen, which are rather different from the typical conditions for other spheres of labor relations; additional obligations and responsibility of professional sportsmen; specific features of transfer of a professional sportsman to a different working position, specific features of hiring professional sportsmen, specific features of labor market in sports. The factors mentioned in this article convincingly prove the considerable specificities of the labor (or to be more precise, sports labor) relations regarding professional sportsmen, determining objective de facto and instrumental legal need for differentiation of labor relations in the sphere of sports. The author offers to introduce the term sports labor relations in regard to professional sportsmen.

Keywords: professional sportsman, sports labor relations, differentiation of labor relations, sports, sportsmen and trainers, labor relations, working conditions, remuneration of sportsmen, protection of health of sportsmen, transfer of sportsmen.

Abstract: The article concerns the chain of consecutive changes in the order of administration and organization of the Russian system of social guarantees from the time of its formation after the October Revolution of 1917. The historical experience of administration of social security in the conditions of the Soviet statehood allows one to draw a number of parallels with the latest reorganizational solutions of the Russian government in this sphere and to provide their objective evaluation. The issues of implementation of the social policy of the state were from time to tim redistributed among three institutions (people’s commissariats or ministries), which were in charge of the healthcare, labor safety and social guarantees. These administrative decisions had a direct influence on the formation of the system of sources of the social guarantees law. Centralized administration of the entire system of social guarantees by one competent body leads to the tendencies of codification of the social legislation, while administrative division of issues of social guarantees among different institutions leads to growing of the normative legal mass.

Keywords: social guarantees, social protection, social insurance, People’s Commissariat of Social Guarantees, codification of the social legislation, insurance payments, State Committee for Labor, Ministry of Social Guarantees, social policy, Ministry of Health and Social Development of the Russian Federation.

Abstract: The object of studies in this article concerns the analysis of the position of minority shareholders in the companies. This issue requires studying due to the fact that lately legislation attempts to provide minority shareholders with additional protection of the rights and the guarantees of implementation of the rights that they have. Due to this fact in the opinion of the author it is necessary to find out what are the specificities of the minority shareholders in the joint stock company. The article concerns all of the risks, which the minority shareholders face in joint stock companies. When writing this article the author used the following approaches: systemic method, comparative method, formal legal method and comparative legal method. When studying the legal position of the minority shareholders the author came to the following conclusions. Firstly, the main problem in the position of minority shareholders in a joint stock companies is a fact that a joint stock company is perceived as a single entity and not as a community of different shareholders. That is why the shareholders need to establish the joint position as a will of joint stock company. In the process of forming of a common will of the company the shareholders may have irreconcilable differences. In such a situations the minority shareholders have no opportunity to insist on their opinion. Secondly, the majority shareholders may act in abuse of the rights of minority shareholders. Thirdly, in spite of the fact that minority shareholders have invested less money into a joint stock company their basic rights should not be abridged and the state should provide additional guarantees.

Keywords: minority shareholder, majority shareholders, corporate law, rights of shareholders, corporate conflicts, company administration, distribution of dividends, amendments of the Company Charter, General Shareholders Meeting, protection of rights of shareholders.

Abstract: Analysis of the norms regulating keeping of valuables at a bank, and contractual constructions (such as rent and storage), banking rules and contract forms used by a number of credit organizations in order to establish de-facto contents of legal relations, which are formed between a bank and a client regarding keeping valuables in a safety deposit box of a bank. The study of the categories “individual bank safe”, “safety deposit box” mentioned in Art. 922 of the Civil Code of the Russain Federation based upon the analysis of the laws, by-laws and normative technical acts. The methodological basis for the study was formed by the methods of the private law: comparative legal studies, logical, systemic analysis, synthesis, analogy. The theoretical basis for the studies was formed by the works of civil law scholars in the sphere of general theory of obligations and contract law: Agarkov M.M., Ioffe, O.S., Tal, L.S., Antimonov, B.S., Braude, I.L., Grave, K.A., Novitsky, I.B., Zimileva, M.V., Efimova, L.G. As an empiric material the author used the forms of contracts and rules used by credit organizations when providing services for provision and use of bank safety deposit boxes. The author made a conclusion on the presence of the theoretical and practical problems in the sphere of application of Art. 922 of the Civil Code of the Russian Federation due to the absence of an unified approach to the category of “bank safe” in part of use of constructions for the storage and rent contracts in the contracts for the relations between the bank and the client regarding placement of valuable in a storage box. The author establishes the untypical legal nature of relations between a bank and a client in the situation of placement of valuables in a bank deposit box. The author then formulates the contents of such a relation.

Keywords: individual bank safe, safety deposit box, bank vault, contract of rent, contract for safekeeping, contract for the storage, irregular storage, keeping of valuables, security of valuables, responsibility of the bank.

Abstract: The article includes analysis of the specific features of manifestation of fiduciary obligations of the professional participants of the securities marker in American and Russian legal order, using examples from both the modern legislation and legal practice. Since the bases and confidents of these legal events have always been dynamic, attention is paid to legal approaches to the definition of broker responsibility in cases of representation in securities in the American and Russian legal systems. From this standpoint the author evaluates the practice regarding definition of violation of the main principles of fiduciary duties in comparative characteristics. In the opinion of the author the study of foreign legal order allows to transfer the years of legal experience in the broker industry into the forming Russian legal institution and deal with the practical legal problems, which have appeared after the Federal Law “On Securities Market” and to level out the legal defects of broker activities. The Russian legislation has taken a number of universal norms for fiduciary legal relations from the foreign states and mostly from the legislation of the American legal family. The study of the approaches of the American legal science is necessary to show the difficulties in the legal practice and to re-evaluate the existing approach in Russian civil law practice regarding the general attitude to the legal elements of an offence, when a violation of the very principle of fiduciary relations is not recognized as a priority issue, unlike it is in the Western approach, which may have negative impact on the implementation of the very principles of “good faith” and “due care”.

Keywords: services, broker, legal relations, responsibility, harm, good faith, principal, agent, legal competence, securities.

Abstract: The article concerns the correlation between the terms “free will” and “guilt” as a necessary part of a subjective element within the system of component elements of crime. It is stated that these terms are not synonymous. Within the framework of the relation among the subjective elements within the system of component elements of crime the author compares free will with the institutions of causing damage with no guilt (Art. 28 of the Criminal Code of the Russian Federation (hereinafter, the Criminal Code); criminal sanity, criminal insanity and related institutions (Art. 21-22 of the Criminal Code); as well as the rules on criminal responsibility of persons, who have committed crimes in the state of intoxication (Art. 23 of the Criminal Code). The article includes a critical evaluation of the legislative provisions for causing damage with no guilt in Art. 28 part. 2 of the Criminal Code due to the fact that the denying elements are regarded not as objective, but as subjective elements. The results of the theoretical studies as well as a comparative approach towards the studies of criminal responsibility of persons, who have committed crime in a state of intoxication allows the author to draw a conclusion on the need of the “projection of freedom of will” when dealing with the issues of the responsibility for such persons.

Keywords: freedom of will, subjective elements of crime, guilt, causing damage with no guilt, criminal insanity, limited sanity, state of intoxication, de facto insanity, elements of crime, presumption.

Abstract: The article is devoted to the circumstances excluding criminal responsibility for the crimes committed by the officials. The author offers to divide the encroachments by officials into groups. In the article there presented analysis of the situation, when criminal responsibility for these acts is not possible. Such situations include the situation when the true status of a subject of crime does not meet the requirements for certain elements of an official, that is why there is no complete set of elements for such a crime, which may only be committed by a special subject. Also, the circumstances excluding criminal responsibility may include acts according to an order, emergency, use of physical force, arms and special means, parliamentary indemnity, provocation for committing a crime. The author formulates the differences in the legal nature of parliamentary indemnity and immunity for the purposes of excluding criminal responsibility. Due to the latter, the author especially distinguishes the legal positions of the European Court of Human Rights. The author analyzes the current judicial practice on the issues, offering the solutions for some legal problems.

Keywords: excluding criminal responsibility, official, elements of a special subject, acting in accordance to an order, emergency, use of weapons, parliamentary indemnity, immunity, provocation for committing a crime, the European Court of Human Rights.

Abstract: The article concerns the studies of topical issues regarding implementation of criminal responsibility for abetting terrorism activities in the form of terrorism financing (Art. 205.1 of the Criminal Code of the Russian Federation). In this article the author comes to a conclusion, that since terrorism financing is a type of criminal abetting, the problems of criminal responsibility for this type of crime are due to the conflicts between the norms of Art. 205.1 of the Criminal Code of the Russian Federation and the competing norms of criminal law. That is why in this article the author distinguishes the terrorism financing as an independent form of abetting criminal activities from other times of abetting in committing crimes in terrorism direction. The author provides examples of judicial practice illustrating difficulties regarding application of Art. 205.1 of the Criminal Code of the Russian Federation in part of terrorism financing. The author of the article also formulated recommendation on resolving the problems of competition between the criminal law norms regarding qualification of acts of a person financing crimes of terrorist direction, organized group, illegal armed formation and criminal community (criminal organization).

Keywords: criminal responsibility, abetting, terrorist activities, financing, terrorism, aiding, co-participation, crime of terrorism direction, unlawful armed formation, qualification of crimes.

Abstract: The article presents analysis of the formulae of criminal and criminal procedural norms regulating application of compulsory measures of educational character (hereinafter, CMEC). The author criticizes the ambiguous character of criminal law value of these measures: 1) as substitutes for the terminated criminal responsibility; 2) as measures of criminal responsibility serving as an alternative to the punishment. It is proven that CMEC are non-punitive forms of implementation of criminal responsibility. This conclusion is supported by the following arguments: 1) the same bases apply for application of the CMEC and the criminal responsibility; 2) the inconsistency of the legislator, who allowed for the application of the CMEC at the same time with implementation of criminal responsibility and with release from it; 3) the same goals of application of CMEC and of criminal punishment; 4) presence of criminal law and criminal procedural mechanisms for the renewal of the procedure for the other types of responsibility of a juvenile offender; 5) with the results of the studies of other authors; 6) by the narrow approach towards the object of criminal law regulation, excluding the need for the criminal law to cover other means not related to criminal responsibility. The author formulates propositions for the amendments into Art. 90 p.1 of the Criminal Code of the Russian Federation and Art. 427 of the Criminal Procedural Code of the Russian Federation, which shall allow for the following: a) regulating the application of the CMEC as criminal responsibility measures; b) keeping the possibility of their use at the stage before the condemnatory judgment of a court; c) providing for a guarantee of return to the issue of application of criminal responsibility of a juvenile fails to comply to the requirements.

Keywords: compulsory measures of educational character; criminal responsibility of juveniles, release from responsibility; termination of criminal prosecution; object of criminal law, alternative to criminal responsibility, alternative to criminal punishment, condemnatory judgment for a juvenile, means of criminal law, release from punishment.

Abstract: The article concerns an accusatory inclination as a negative matter in the modern practice of criminal judicial proceedings. The reason for the accusatory inclination is in the distortion of the understanding of the adversarial principle and lack of formed practice in the sphere of competitive process, guaranteeing comprehensive and full establishment of the facts of the case and justice in a judicial proceedings. The author discusses the role of investigator, prosecutor and court and their procedural abilities for the counteraction to the accusatory inclination. The author reveals and shows some criteria, which allow to uncover the accusatory inclination at the right time. Termination of such matters from the criminal judicial practice shall allow to correct the existing distortions and return the practice within the framework of lawfulness and guarantees of human rights on criminal judicial proceedings.

Keywords: functions, adversarial principle, accusation, accusatory inclination, characteristic features of an accusatory inclination, forms of manifestation of an accusatory inclination, proceedings on a criminal case, investigator, prosecutor, court, abolishing accusatory inclination.

Abstract: The author analyzes the criminal procedural consequences of an address of the participants of the criminal judicial proceedings (court and defense parties) to the Constitutional Court of the Russian Federation with a request to confirm constitutionality of the law which has to be applied in the case and the complaints regarding violations of constitutional rights and freedoms by the provisions of law applied in a certain case accordingly. These consequences provide for the suspension of the process on a criminal case (material, viewed according to the criminal judicial procedure), however, the moment of suspension differs. When the court sends a request, any criminal proceedings are immediately suspended, and when a complaint is sent to the Constitutional court only the cassation and supervision are suspended when a complaint is accepted for the proceedings by the Constitutional Court of the Russian Federation. The methodological basis for the study was formed by the doctrine of judicial law, which is a currently reviving general theory of judicial power and procedural law, allowing to have interdisciplinary studies in the sphere of justice. The author based upon the foreign experience of Austria and Andorra offers to optimize the criminal procedural form for the suspension of the proceedings on a case, regarding it as an obligatory matter in every case when a request is sent, but not absolute in respect to procedural acts. With such an approach after a request is sent to the Constitutional Court of the Russian Federation, the court still may implement some procedural acts not involving application of the norm of law, which is challenged in a request.

Keywords: the Constitutional Court of the Russian Federation, the criminal process, interrelation of the types of judicial proceedings, doctrine of judicial law, court of general jurisdiction, request by a court, constitutional claim, suspension, criminal case, constitutional judicial process.

Abstract: This article concerns the problem of provision of legal aid by an advocate to a claimant as a person taking part in the proceedings at the stage of initiation of a criminal case, preliminary investigation and judicial proceedings. The author have analyzed the procedural position of claimant considering the amendments to the Criminal Procedural Code of the Russian Federation with the Federal Law N. 23-FZ of March 4, 2013 “On amendments into Art. 62 and 303 of the Criminal Code of the Russian Federation and the Criminal Procedural Code of the Russian Federation”. The author evaluates the issues of provision of qualified legal aid to claimant at the stage of his explanations to the officials, and the problems of participation of an advocate when holding a search of at the place of residence of a claimant, who is not a suspect or an accused, but who has informed about the violations which took place during such a search. Based upon the studies the author offers to amend the Criminal Procedural Code of the Russian Federation by including a new Art. 60.1 “Claimant”, providing for his procedural position and his right for qualified legal aid.

Keywords: claimant, advocate, qualified legal aid, initiation of a criminal case, holding a search, taking explanations, criminal procedural interest, criminal judicial proceedings.

Abstract: Resocialization of persons, who have served their criminal punishment has became an inalienable part of complex of measures for the prevention of repeated relapse into crime. Annually up to 300 000 people are released from the penitentiary institutions of the penitentiary service for the execution of punishments, and many of them are ill with such socially important illnesses as HIV-infection and tuberculosis. This article is devoted to the existing problems in the sphere of resocialization of the convicted criminals ill with tuberculosis, as the main means of individual prophylactics of relapse into crime. The author discusses especially topical issues of the succession between the penitentiary system and the healthcare bodies (anti-tuberculosis treatment clinics), the problems of registering the persons ill with tuberculosis who were released from penitentiary institutions. The author offers a number of amendments in the current penitentiary, criminal and criminal procedural legislation. It is not possible to resolve the resocialization problem without legislative provisions for it as a priority direction of a criminal law policy of the state, which requires adoption of legal documents regulating the resocialization process at the state level and define its goals.

Keywords: tuberculosis, crime, resocialization, crime prophylactics, social adaptation, convicts ill with tuberculosis, individual prophylactics, aid to the convicts, preparation of convicts, relapse into crime.

Abstract: This article concerns specific features of regulation of social relations in the sphere of transit of energy resources. The author also provides a brief overview of the history of formation of this system of relations starting from 1960s and to the analysis of the drafts and treaties in this sphere at the current stage of development. The author pays special attention to the need for the legitimacy of the definition apparatus, namely, passing an unified definition of energy resources transit. It is noted that use of this term in the current Russian legislation would be of help for resolving the disputes in the energy sphere. In particular, the author analyzes a range of normative legal sources, where the term transit is legislatively provided for and widely used. The author makes a substantiated conclusion on the need to pass an independent Federal Law on the transit of energy resources, which would provide for the definition apparatus and for a legal definition of transit, which would correspond to the needs of Russia as a participant of the transit relations.

Keywords: transit of energy resources, building a gas pipe line, energy, natural gas, freedom of transit, transit traffic, tax levy, Directive of the European Union, Regulation of the European Union, oil and gas.

Abstract: In the situation of growing transborder turnover the mechanisms for securing obligations have a decisive value. The means for securing obligations remain among the least regulated spheres in transborder trade. The most natural way out of this situation is adoption of a single unified act. In practice the application of various unification documents is complicated by the differences in the contents of the main legal institutions. The article provides the study of the use of terminology under the Convention on International Interests in Mobile Equipment within the framework of the Russian law. The author makes a conclusion on the need to interpret the Convention autonomously in accordance with its basic principles. The author points out the inadequacies in the Russian translation of the Convention. He also draws a conclusion on the considerable degree of reception of the concepts of the Anglo-Saxon legal family by the Convention, and the author notes the similarities in the international interest, and secured interest, providing general characteristics of the secured interest as an institution of the real law of England. The article further studies the contents of an international interest. In particular, the author reviews the contracts, mediating the formation of an international guarantee. The author evaluates the main feature of an international interest, providing brief analysis of the means of legal protection, their differentiation depending on the securing deal, as well as a number of accessible measures of influence on the failing party. The author makes a conclusion of the real law nature of an international interest.

Keywords: international interest, mobile equipment, secured interest, insolvency of a debtor, resale right, means of legal protection, real law, legal nature, securing performance of an obligation, securing deals.

Abstract: The article concerns the definition of the “prejudicial effect” as a quality of a judicial act upon its entry into force, according to which the facts established by a judicial act are binding when other cases with the same parties are being adjudicated. Special attention is paid to the prejudicial effect of the decisions of international commercial arbitrations. Based upon the practice of the Supreme Arbitration Court of the Russian Federation (Ruling of the SAC of the Russian Federation N. VAS-17458/11), the author comes to a conclusion that the decisions international commercial arbitrations and the decisions of the state arbitration (commercial) courts have the same legal force according to the interpretation of the SAC of the RF of the Art. III of the New York Convention of 1958. Since the decisions of international commercial arbitrations have equal legal force the article contains a conclusion on the presence of prejudicial force of the decisions of international commercial arbitrations, since prejudicial force is an inalienable quality of a judicial act, which came into force. The conclusion on the presence of the prejudicial force of the decisions of the arbitral tribunal is supported by the reference to the decision of the ECHR in a case of Ates Mimarlik Mühendislik A.S v. Turkey.

Keywords: international commercial arbitration, prejudicial force, the SAC of the Russian Federation, the ECHR, arbitration agreement, legal certainty, arbitration process, s state arbitration courts, the New York Convention, the ad hoc arbitral tribunal.

Abstract: The article is devoted to the issues of revising the decisions of international commercial arbitration. The author studies the provisions of the Russian and foreign doctrines, legislation and the regulations of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation, American Arbitration Association, the Santiago Chamber of Commerce Center for Arbitration and Medication, the Grain and Feed Trade Association (GAFTA), and the Court of Arbitration for Sport (CAS) in Switzerland. The author evaluates the provisions of the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States - International Centre for Settlement Of Investment Disputes (Washington, 18/03/1965), of the Draft Law “On amendments to the Arbitration Procedural Code of the Russian Federation of April 5, 2013, Complex of Measures for the Development of Arbitral Tribunals Proceedings in the Russian Federation”, Draft Federal Law “On Arbitral Tribunals and Arbitration (Arbitration Proceedings) in the Russian Federation of January 17, 2014, providing examples from legislation and in some cases of doctrines and judicial practice of Australia, Austria, Armenia, Belarus, Belgium, the Great Britain, Hungary, Germany, Hong Cong, Georgia, Egypt, Indonesia, Spain, Italy, Kazakhstan, Canada, Latvia, Lithuania, Moldavia, the Netherlands, Peru, Poland, Romania, Singapore, Slovakia, Slovenia, the USA, Thailand, Tunisia, Ukraine, Philippines, France, Croatia, Czech Republic, Switzerland, Sweden, Japan, analyzing the theories of res judicata, functus officio, and double control. As a methodological basis for the studies the author used general scientific methods for the cognition of the objective reality, as well as special methods typical for legal sciences, namely: dialectic, deduction and induction, systemic, comparative (comparative legal), formal legal, etc. The scientific novelty is due to the object of studies and to the conclusions. Based upon the materials, which have been analyzed the author concludes that the establishment of upper instances is a modern tendency in the international commercial arbitration. The practice of revision of the decisions of international commercial tribunals shall facilitate its greater efficiency and lead it to a new level of quality of dealing with transborder disputes.

Keywords: ICC International Court of Arbitration, American Arbitration Association, International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Fe, regulation, appeals, challenging the decision, international commercial arbitration, arbitration tribunal, the Ministry of Justice of the Russian Federation, draft law.

Abstract: The article concerns the issues of legislative regulation of commercial secret information transfer, as well as the grounds for the trans-border transfer of commercial secret information within the system of Russian law and its correlation with the copyright and intellectual property, in particular, with the industrial secret (know-how). The author also studies the nature of rights of the party in possession of commercial secret information and its correlation with the exclusive rights for copyright objects. The author evaluates the issues of legal qualification of a contract for the transborder transfer of commercial secret information, as well as the possibility for the transfer of such information based upon other contracts: license agreement, contract for commercial concession, contract for information services. The author makes a proposition for the amendment of the Federal Law of July 29, 2004 N. 98-FZ “On Commercial Secret” with the provisions for the transborder transfer of commercial secret information.

Keywords: commercial school, transborder transfer, confidentiality, industrial secret, legal qualification, quasi- exclusive rights, contract for trans-border transition, license agreement, commercial concession contract, transborder transfer of information.