Abstract: The object of study is legal regulation of missionary work of the Russian Orthodox Church (ROC) in early XIX century. The goal was to uncover the specific features of regulation of missionary work of the Russian Orthodox Church in early XIX century based upon the analysis of normative legal documents, archive and documentary materials. The methodological basis for the study was formed by the principles of objectivity, systemic scientific analysis and complex use of sources. The principle of historicism presupposes evaluation of all of the factors and processes within the framework of historic development and their dynamics, allowing for clarity of facts and their mutual and temporal relations. According to this principle the author used systemic approach in study of normative legal sources and archives. The use of systemic principle in the studies of the legal regulation of missionary work of the Russian Orthodox Church facilitated structuring of the existing sources in various historic periods and allowed to recreate the generalized situation of the time. The results of the study allow for the use of new normative legal sources regarding history of missionary work of the Russian Orthodox Church in the further studies. It is for the first time, that the goal of the study in this field is based upon the representative documentary basis, and it is to provide a complex vision of legal regulation of missionary work of the Russian Orthodox Church in early XIX century. The author proves that from 1801 to 1825 the state attempted to codify legal norms directly or indirectly regarding missionary work of the Russian Orthodox Church in order to comply with the interests of the state and to avoid abuse and violations on the part of missionaries.

Keywords: jurisprudence, mission, Synod, codification, instruction, Charter, property, decree, court, order.

Abstract: Currently the issue of formation of the system of administrative courts is quite a topical one in the Russian Federation. There were several attempts to form a system of administrative courts in Russia, but they are not formed yet. Neither the Stolypin reform of 1909, nor the acts of the Temporary Government on administrative courts of 1917 lead to formation of the system of judicial bodies for dealing with the disputes between the citizens and government bodies. In the Soviet period the attitude to the system of administrative justice was negative, since the court was regarded as a body for the protection of the Soviet statehood from encroachments first of all. Its role as a guarantee of responsibility of the state towards its citizens was denied. However, some elements of administrative justice were present. For example, the courts in 1937 to 1961 gradually gained competence over the administrative actions. This article contains chronological analysis and evaluation of the historic aspects of formation and development of administrative justice bodies in Russia within the period from the second half of XIX century to the current time.

Keywords: jurisprudence, justice, presence, Senate, department, challenging, legislative draft, provisions, administration.

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 includes analysis of sufficiency of the income base for the municipal units in the Russian Federation in order to deal with the matters within their competence under the Russian legislation. The author uncovers the existing topical Issues and offers some measures in order to modernize the existing system of income formation for the local budgets. The main part of offers is related to redistribution of budget incomes from existing taxes and levies within budget system of the Russian Federation.

Keywords: jurisprudence, budget, federalism, state (municipal) finances, incomes of local budgets, taxes, excises, administration of income, redistribution of taxes, federal, regional, budget, public government.

Abstract: The article includes analysis of the definition apparatus, as used in the Federal Law «On Automobile Roads and Road Management in the Russian Federation», as well as other normative legal acts containing normative legal terminology, which is applied in road management. The authors evaluate the Transportation Strategy of the Russian Federation till 2030 from the standpoint of its compliance with the normative documents; they also study the results of administrative legal regulation of development of road network of the Russian Federation.

Keywords: jurisprudence, roads, terminology, strategy, analysis, results, activities, legislation, normative, network.

Abstract: The article presents analysis of legal definition of subjects of small and medium-scale business enterprises. The author points out the incorrect use of term «economic subject» and «enterprise» within this definition. The author also analyzes the range of potential subjects, which may be included into the category of subjects of small and medium-scale business enterprises. The author expresses a negative opinion towards including noncommercial organizations into the list of subjects in question. The author analyses the criteria for recognition of entrepreneurs as small or medium — scale businesses. While evaluating the criterion of limitation to property formation (independency criterion), the author pays attention to the changes in the legislation, coming into force on October 1, 2013, and she offers to change the formula of the criterion by reference to the 25% combined participation share. The author also supports the position on keeping the existing criteria for the maximum number of number of employees of small and medium-scale entrepreneurs, in spite of the fact that it does not comply with the Russian practice. The author proves the position on the narrow interpretation of the book value of assets and its failure to comply with the current legislation on accounting. The author draws a conclusion that unification of the definition apparatus and formation of unified conceptual approaches towards the contents of the main categories may be regarded as key goals of the doctrine, legislation, and legal practice. The article includes doctrinal positions on topical issues and references to statistical data.

Keywords: small-scale business entrepreneurship, medium-scale business entrepreneurship, small enterprise, medium enterprise, micro-enterprise, and formation of property, number of workers, financial criteria, commercial organizations, and non-commercial organizations.

Abstract: The article concerns the key topical issues of current legislation in the sphere of use of heat supply infrastructure. The author studies specific features of legal status of the heat supply organization and the contract for the heat supply services. The article contains detailed analysis of sub-recipients in heat and electricity supply. The author also notes the tendency for the refusal from the traditional scheme for sub-recipient relations in the current legislation. The author evaluates the issues of access to heat supply infrastructure, provides characteristics of the contract for the connection to the heat supply system. The substantial defect of legal regulation in this sphere is lack of state-guaranteed right to connect to the heat supply system. The author evaluates legal nature of technical conditions, which the heat supply organization provides to consumers, and their role in the mechanism of legal regulation of access to heat supply system.

Keywords: jurisprudence, heat supply, infrastructure, contact, services, transfer, sub-recipients, access, energy, heat supply system.

Abstract: This article concerns the issue of contract-based lease of land relations in Germany, including definition for the lease of land, types of lease, substantial clauses of such contracts, data on the object of lease, term and order of concluding the contract, parties to the contract, their rights and obligations as well as the grounds for termination of such a contact. The author also contains analysis of specific features of this type of contract, which are only typical for the lease of land.

Keywords: comparative legal studies, contract, lease, Germany, land, right, law, legislation, obligations, Code, Civil.

Abstract: The author supports the position that there is need to introduce into the Russian legislation the norms on preparation of children left without care of their parents for an adoption, which may serve as a prophylactic measure against termination of adoption. The author analyzes a positive experience of the English legislation, providing for an obligation of the local municipal bodies and adoption agencies to provide information and consultation services for the prospective adoptive children in order to implement and protect their right to live and be raised in a family.

Keywords: jurisprudence, legal regulation, adoptee, adopter, preparation, services, consultations, information, adoption agencies, rights of a child.

Abstract: This article is devoted to analysis of criminal law measures in the legislation of states belonging to the families of traditional (community) law states (The People’s Republic of China, The Republic of Korea, Japan) and religious law state (the Islamic Republic of Iran, the Republic of Afghanistan, Turkey). The article includes analysis of criminal legal measures, based upon the examples of the Criminal Code of the People’s Republic of China of 1979, the Criminal Code of the Republic of Korea of 1953, the Criminal Code of Japan of 1907 (ed. 1995), The Law on Islamic Criminal Punishments of the Islamic Republic of Iran of 1991, the Criminal Code (the Law on Punishments) of the Republic of Afghanistan of 1976, and the Criminal Code of Turkey of 2004. The author comes to a conclusion that punishments dominate as criminal law measures. The Criminal Code of the People’s Republic of China also provides for the criminal responsibility of legal entities.

Keywords: jurisprudence, criminal law measures, punishments, foreign law, legal family of traditional law, legal family of religious law, criminal law of states, confiscation of property, announcement of the sentence, deprivation of freedom.

Abstract: The article includes analysis of the definition of water biological resources and related terms based upon the norms of international law and criminal legislation of the Russian Federation, as well as criminal law prohibition of the encroachments upon the water biological resources and means of their protection. The author evaluates positive and negative features of the legal norms of the Criminal Code of the Russian Federation, which are directly or indirectly aimed at the protection of water biological resources. She also describes the definition of the place of crime typical for specific crimes, and she pays attention to the legal status of an environment. The author then offers to accept a uniform term for the objects of criminal law protection.

Keywords: jurisprudence, criminal law, international legal acts, water biological resources, criminal law prohibition, biological variety, environment, marine animals, water area.

Abstract: The article is devoted to some issues regarding application of special measures for limitation of rights aimed to guarantee the financial security in the modern Russia. The authors discuss various bases for establishing financial security measures, as well as limitations to their application in order to efficiently protect the financial system of the state from criminal and other encroachments, while adhering to the balance of public and private interests. The bases for the financial security measures are included into the hierarchy taking into account their involvement in the process of regulation of social relations on the scale from the law-making to the application of law. The limitations are classified depending on the application of financial security measures on territorial and temporal bases, as well as based upon subjects of application. The authors illustrate the offered measures and limitations to the application of financial security measures with a number of examples of Russian legislation regulating the turnover of financial resources. The authors analyze modern problems regarding application of such measures to various subjects of financial relations.

Keywords: financial security, security measures, financial security measures, financial offence, financial crime, bases for legal limitations, extent of legal limitations, bases for security measures, grounds for security measures, limitations to economic rights.

Abstract: In this article for the first time in the Russian international law doctrine, the author analyzes the issues of responsibility of international organizations in the national courts. The author provides large amount of judicial practice by both international and national courts, which shows the need to limit the immunity of international organizations in order guarantee the rights of individuals for the judicial protection, as enshrined by various international legal documents. The article includes detailed analysis of positions of Russian and foreign legal scholars on this problem. The author then offers a concept for the so-called alternative means of dispute resolution (administrative tribunals of international organizations, arbitration) as a possible option for applying the limitations to the immunity of international organizations in the national courts. Such a healthy evolution of approaches is aimed to guarantee the access to justice. At the same time, the authors point out that in the absence of adequate alternative mechanisms for the legal protection, the states may breach their international obligations in the sphere of human rights.

Keywords: jurisprudence, international organizations, responsibility, the International Court of Justice, the EU Court, the European Court of Human Rights, the national courts, alternative dispute resolutions means, administrative tribunals, arbitration.

Abstract: In March of 2011, the European Court of Human Rights has made its judgment on the case of Kiyutin versus Russia (complaint n. 2700/10) where the court has found a violation of rights to personal and family life due to the implementation of the Russian legal norms on deporting a foreign citizen on a ground of him being HIV-infected. In this decision the ECHR did not just apply the articles of the Convention to the claimant’s situation, taking into account the interpretation of norms outside the scope of membership in the European Convention on Human Rights, referring to the UN program on HIV/AIDS, International Organization for Migration and UN High Commissioner for Human Rights. In spite of the fact that the Political Declaration on HIV/AIDS provides that within the framework of prophylactic measures against the spread of the disease domestic legislation should apply in specific states, the same document provides for termination of the national legislative norms limiting the freedom of movement of HIV-infected persons. The Russian legislation provides for the deportation of HIVinfected foreign citizens, which is due to a number of factors (territorial, amount of medical aid to the category of HIV-infected persons). Striving to conform to the humane policy and principles towards HIV-infected persons, the Constitutional Court of the Russian Federation held that the courts may take into account such criteria as health condition, family, and place of work and dwelling of a person subject to deportation. Analysis of the current legislation and legal practice allows to draw a conclusion on the balance between the migration legislation requirements aimed to expose persons unlawfully residing In Russia and the obligations to provide medical aid to the HIV-infected foreign citizens by application of a specific procedure for the individualized commission-based decision-making on whether it is desirable for a person to remain in a state, following the humane positions, democratic principles and guarantees, which follow from the provisions of the Constitution of the Russian Federation and the international treaties to which the Russian Federation is a party.

Keywords: jurisprudence, ECHR, the Constitutional Court of the Russian Federation, deporting, HIV-infection, political declaration on HIV/AIDS, Kiyutin vs. Russia, legal certainty, the UN, the pilot judgment.

Abstract: In this article the author analyzes the problems regarding the Russian education reforms after the Russian Federation has joined the General Agreement on Trade in Services, and the following constitutional legal problems regarding implementation of rights of citizens to education. The cause of the above-mentioned problem is opening the Russian market of educational services to foreign companies, as provided for in the Treaty. In particular, the author discusses contents, goals and principles of the GATS in accordance with the topic in question; she singles out the means for the provision of educational services, and specific obligations of Russia in the sphere of educational services. The article includes analysis of each specific types of provision of services for a certain educational level. The author also studies the international experience of commercialization of educational services, as well as constitutional legal regulation of Russia joining GATS. The article includes comprehensive analysis of positive and negative features for the reform of the system of Russian education due to Russia’s joining the WTO.

Keywords: constitutional law, WTO, GATS, educational services, specific obligations, education reform, export of services, transborder education, market of services, national regime.