Abstract: The article on the guidelines for the development of social legislation of the Russian Federation predicts a rapid and accelerated development of this block of Russian law system. Among the large-scale trends typical for social legislation the author includes: expanding of the scope of regulation (juridification) and the corresponding expansion of legal regulations, differentiation of social legislation on the new brunches (in particular, immigration legislation), the formation of new sub-brunches within the existing ones (for instance, labor relations in the public service) and institutions (biotechnology and so on). The article discusses some "growth problems" of social legislation: the tendency of commercialization of the sphere leads to a decrease of the quality of services, the weakening of safeguards for the most vulnerable categories of citizens (for example, cancellation of the rules on prior consent of the guardianship authorities to carry out transactions with premises where children live, led to a decline of living conditions of many minors of the Russian Federation). As a result the very content of constitutional rights is expressly questioned. At the same time it is underlined that the positive aspect of social legislation juridificationis the appearance of new obligations of the state in the social sphere. To overcome the existing problems and to prevent new ones it is proposed to strengthen the role of science in determining the broad guidelines of development of social legislation in the systematization of social legislation, unification of regional legislation in the social sphere, preventing the rejection of statutory approach in the formation of the secondary legislation, reduction of by-law regulation, strengthening the greater coherence of other branches of Russian legislation with the norms of social legislation. Optimization of legislative regulation through the adoption of the Federal Law "On Normative Legal Acts" will contribute to the elimination of many defects of social legislation and greater stability of legislation of the Russian Federation in the whole.

Keywords: social development, juridification, social legislation, public services, public relations, obligations, systematization of legislation, migration law, inter-branch legal complexes.

Abstract: The article is devoted to the protection of economic and social rights of children in times of financial crisis: issues and challenges in this sphere. The author underlines that proper international law mechanisms have already created among which is the United Nations Convention on the Rights of the Child. The Convention makes clear that children are autonomous rights-holders which states have the duty to vindicate and protect. Article 4 of the Convention on the Rights of the Child provides that Governments have a responsibility to take all available measures to make sure children’s rights are respected, protected and fulfilled. Also the European Social Charter has significance importance. It complements the European Convention on Human Rights in the field of economic and social rights and guarantees a wide range of rights relating to housing, health, education, employment, social protection, movement of persons and non-discrimination. The author points out that the recognition of children‘s rights has also permeated through national legal systems at various levels. The author emphasizes that the main threat to the protection of the children’s rights is the deepest economic crisis since the Second World War. Governments are introducing austerity measures that scale back welfare support for families, cut funding for basic public services, and withdraw support from the voluntary sector. The author underlines the danger of the growing inequality, illegal exploitation of children, lack of appropriate welfare, human traffic and insufficient efforts of state and business structures. In this regard there is a need to more serious involvement of the international organizations including the United Nations Committee on the Rights of the Child, the Council of Europe Commissioner of Human Rights, the International Labour Organisation in the protection of economic and social rights of children.

Keywords: Rights of children, financial crisis, international organizations, poverty, human traffic, the European Social Charter, the Venice Commission

Abstract: The article deals with the protection of human rights and fundamental freedoms through the prism of Eurasian integration. Special attention is paid to the signing of the Treaty on the Eurasian Economic Union by the heads of the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan, which aims, inter alia, to promote the rights of citizens of the Eurasian Economic Union, in various fields, including the critical area of public relations – the social sphere. It is noted that the concept of human rights should be based not only on international law and the domestic legal documents, but also give special consideration to the mentality, culture, worldview, perception, i.e. such categories, which have human rights no less, but sometimes even more pronounced effect than legal acts. In this regard, the author offers a science-based Eurasian concept of human rights, the basis of which should make the Eurasian Declaration on Human Rights and Peoples' Rights as a new international instrument in this area, extending to the Eurasian continent. In addition, the Eurasian Declaration of Human Rights and Peoples' Rights, as suggested by the author, can be an important backbone document in the sphere of human rights of the Eurasian Economic Union. Special attention is paid to the idea of creating of a Eurasian Court of Human Rights, which can fully take into account the specificities and peculiarities of the states of Eurasian region, the existing legal regulation, culture and traditions of the population. It is emphasized that the Eurasian Court of Human Rights can play a role of the tribunal when intranational opportunities and mechanisms to eliminate facts of violation of civil rights and fundamental freedoms and peoples in Eurasia are exhausted.

Keywords: Republic of Kazakhstan, Eurasian integration, human rights, the Eurasian Economic Union, the concept of rights and obligations, international law, national law.

Abstract: Within the framework of this article the attempt to correlate the economic aspects of the modern state with its social and legal nature was made. It is concluded that the existing social liabilities – is the legal reality that Russia, as successor to the USSR as a legal and social state is obliged to execute and further develop. Social security is not seen as a burden, but a prerequisite for economic growth, in the spirit of international instruments in recent years. This suggests that adequate social security is in any case not the result of economic growth, and its necessary precondition. Legal content of social policy has long time been recorded by minimum standards of social security enshrined in ILO Convention № 102. Following the early ratification of this Convention, for the creation of proper frame of reference of social policy Russia is going to ratify the three other core ILO conventions in the field of social security – the Convention of 1962 № 118 "On the equality of social welfare," Convention of 1967 № 128 "On the invalidity, Old-Age and Survivors'" and the Convention of 1982 № 157 "On the preservation of rights in the field of social security".

Keywords: market economy, social policy, social security, social and legal nature, social obligations, economic growth, social solidarity, social redistribution, ILO Convention, the principle of tripartism.

Abstract: The IX International Practical School of Young Legal Scholars devoted to the theme “Law and Social Development: New Humanitarian Hierarchy of Values” took place at the Institute of Legislation and Comparative Law under the Government of the Russian Federation in May 29-30, 2014. Young scholars from more than 20 countries as well as representatives of state authorities, international organizations, business society, different scientific and educational centers took part in the event. The theme of the International Practical School of Young Legal Scholars is acute because of a row of reasons, such as: necessity of social legislation perfection, particularly, the aspects of social and economic rights protection and guaranties, cultural and educational space development, solving of problems in the sphere of health care and sport. The major significance of problems, brought up for discussion by young scientists approved because of participation in the conference of such persons as: the Chairman of the State Duma of the Federal Assembly of the Russian Federation S.E. Naryshkin, Deputy Chairman of the Government of the Russian Federation O.Y. Golodets, director of the Institute of Legislation and Comparative Law under the Government of the Russian Federation T.Y. Khabrieva, representatives of foreign countries and international organizations – the Vice-Chairman of the European Commissin for Democracy through Law (Venica Commission) Herdis Thorgeirsdottir, professor of the University Paris-I Pantheon-Sorbonne Gerard Marcou and others.

Keywords: comparative law, social legislation, law, health care, sport, cultural and educational space.

Abstract: The present research is devoted to the 60th anniversary of China's first Constitution (September 1954). The article presents the characteristics of all Chinese constitutions, including the current Constitution of the PRC of 1982, and examines the impact of domestic policies on constitutional-legal framework of the PRC. The constitutional provisions, adopted immediately after the Xinhai Revolution of 1911, and four constitutions of formed in 1949 the People's Republic of China – in 1954, 1975, 1978 and 1982 are subjected to analysis. A special place is given to the amendments to the current Constitution of PRC of 1982, fixing the term "socialist legal state" and raising the role of human rights institution in the life of society. Special characteristics of the constitutional development of the PRC, which have their own "Chinese peculiarities" are pointed out, a forecast of the constitutional development of the Chinese state in the near future is presented. Article identifies parallels enshrined in the norms of constitutions with the teachings of the great Confucius. The authors place particular emphasis on the influence of the teachings of Confucius in the formation of justice of Chinese lawmaker and its subsequent impact on the rules and regulations fixed in the basic laws of China.

Keywords: Constitution, Confucius, the legal system, legislation, the law of China, comparative law, legal state, the Cultural Revolution, Chinese peculiarities, Xinhai Revolution.

Abstract: The National Security Strategy of the Russian Federation until 2020 establishes the creation of the mechanisms of preventing and neutralization of interethnic conflicts as a priority. In the modern world activities of different national and religious organizations based on the ethnicity concept are used as instrument of ethnic and religious tension provocation. On the background of the revitalization of the public authorities on the preventive measures legal means of preventing interethnic conflicts are scarcely explored in the legal literature. These circumstances determine the importance of the content of the concept of ethnic conflict, their classification, stages and settlement. The author has generalized factors of ethnic and religious tension and proposed measures to prevent them. Interethnic disagreements also settled in court. New powers of the Constitutional Court of the Russian Federation, aimed at maintenance of unity and sovereignty of the law enforcement practice of the national legal system, are given a special role in the paper. Consideration of these issues allows us to formulate the basic measures to ensure the prevention of the negative effects of ethnic differences. The need to respect national traditions and ensuring the legitimacy of law identified as the basic principles of legal development in the sphere of international relations.

Keywords: relations between the nations, interethnic conflicts, state and public security, national policy, federal relations, territorial claims, illegal migration, the Constitutional Court, ECHR.

Abstract: Article is dedicated to the collision problems of the family-legal responsibility. The analysis of existing international agreements in that area and the national legislation of the Republic of Tajikistan are given. The article describes the main provisions of the international conventions governing the issues of family – legal responsibility. Special attention is given to the provisions of Kishinev Convention on Legal Assistance and Legal Relations of 2002 and compliance of the provisions of the Family Code of the Republic of Tajikistan with it. The viewpoint that "defective relations" are the consequence of non-compliance with the mandatory principles of domestic law by the participants of family relations is expressed. For the preparation of the article mainly comparative legal method of research was used. Furthermore, the method of synthesis, deduction and induction as well. The attention to the legal regulation of family -legal liability was drawn for the first time. The opinion on the possibility of use of the term “cross-border family law liability” was suggested. A comprehensive comparative study of the forming legal framework on the responsibilities of family members is made. The view that the possibility of use of the term "defective relations" as penalties for failure to comply with the national law by member of family relationship is expressed.

Keywords: collisional-legal, "defective relations", family-legal, responsibility, family members, Convention, national legislation, sanctions, regulations.

Abstract: Author of the article notes that the right to use the work in the system of exclusive right has a special place. Such a method of choreographic works as its specification is considered. The most common methods of using choreographic works include the reproduction and distribution of works, public performance, the right to broadcast and alteration of works. It is noted that as a result of alteration of the work is a derivative of the original, which is the basis for the recognition of it as a new subject of copyright. The same legal regime of derivative works exists in foreign countries. The author focuses his attention to that currently the most common concept in the field of choreographic art is its revision. A combination of methods of knowledge, the basis of which amounted to a systematic and dialectical approaches, as well as formal-legal, comparative legal, structural and functional were used. The author concludes that the concept of "edition of choreographic works" in civil law and in the choreography is not unique; it often has different sense and content. The feature of specification applied to the choreographic art is the need of reference of "editorial choreographic works" to it, in the framework of which the creation of a new object of copyright – derivative is made. It is concluded that the main role in the specification of choreographic works plays a material form of fixation of choreographic works, which allows to save and protect them from the voluntary and involuntary specification.

Keywords: form of use of the work, alteration of choreographic works, derivative work, specification of choreographic works, method of use, a choreographic work, the exclusive right, original work, author, intellectual property.

Abstract: The issues of legal regulation of consumer rights protection are of current importance to any democratic state. The transition to a market economy in the former Soviet Union republics caused an acute need for a clear legal regulation of relations arising between consumers and business entities. Consumer legislation is intended to protect not only the rights of a particular consumer, but also to ensure the stability of all relations at the market of goods and services. The formation of the civil law system of consumer rights protection is a complex, multi aspect process. The present article analyzes the provisions of consumer rights protection laws in Russia and Ukraine. The subjects of the research are legal standards regulating the procedures of consumer rights protection, and law enforcement practice. The main attention is focused on the specifics of the above mentioned two States laws, enshrining the rights of consumers, their implementation mechanisms, and their common and distinctive features. The similarity of the legal systems and the same time experience in the application of the law in practice, allow the author to draw conclusions about the possibilities and prospects of mutual borrowing of individual legal norms.

Keywords: consumer, protection of consumers’ rights in the Ukraine, national mechanism of consumers’ rights protection, law, comparative legal studies, consumer rights, judicial practice, entrepreneurship, balance of interests.

Abstract: The author considers the act of the U.S. "Foreign Account Tax Compliance Act" (FATCA) and its extraterritorial effect on the example of Russia. The main research aspects are the provisions of U.S. law, which establish requirements for foreign financial institutions. The analysis of this law from the standpoint of the rules of national law and international law is made. As the result of the legal analysis the conclusion that FATCA can be considered as a law that does not match the norms of international law is made. It is noted that currently the problem of FATCA should be examined from the political, economic and legal positions. The problem of FATCA in Russia must be resolved through the signing of international agreement, but not by adjusting the national legislation to enable it to fulfill the American law on the territory of Russia.

Keywords: law of the United States, Russian legislation, international law, financial institutions, tax relations, sovereignty, international Treaty.

Abstract: The main issue addressed herein is the lack in the legislation of the Russian Federation of effective mechanism of legal securing of performance by subsoil users of reclamation works, abandonment of mining enterprises and different subsoil facilities, which are offered to be merged into a single group of works – «Completion works». The author pays attention to the fact that by the time when Completion works are to be performed, subsoil user may have been insolvent, and by virtue of the end of subsoil use process the sanction for non-compliance in the form of early termination of the subsoil use right becomes ineffective. The relevance of this topic is reinforced by existence of numerous waste and abandoned subsoil, which certainly exacerbates ecological problems on the territory of Russia. All this evidences that it is necessary to enshrine additional guarantees of such obligations performance by subsoil users in relevant legislation. Using methods of analysis, synthesis and comparison, the author investigates into foreign experience of legal securing of compliance by subsoil users with environmental requirements at subsoil use closing stage. This article analyzes mining legislation of the USA, several countries in Western Europe and CIS. The article concludes that money deposit method (formation of abandonment funds by subsoil users) has proved to be effective and is currently applied by a number of countries. Considering that such measures place a great burden on subsoil users, the author offers to ensure, on the first stage, that licensing authorities are familiar with subsoil users’ financial standing for the purposes of such authorities’ rapid response in case of their insolvency.

Keywords: subsoil use, securing of performance of obligations, environmental protection, abandonment, mining enterprise, subsoil facility, reclamation, foreign experience, abandonment funds, deposit, responsibility.

Abstract: The article deals with a range of topical legal and institutional problems arising during the interstate integration. Expanding the boundaries of comparative law allows different legal systems to enter into the orbit of research which differ by objectives, construction and regulatory mechanisms. There are national and international legal systems, reflecting the origins of the legal system of the national legislation and legal components which combine the strategic objectives. Their relationship resembles the "nested doll". At the intersection of different systems interstate associations arise, largely reflecting the system of national state and legal institutions. Such features of interstate associations, as the similarity of their institutions with the institutions of the member states of legal systems based on the aggregation of national legislation, mutual functional "connectivity", the presence of structures and procedures for the preparation and consistent decision-making are proved. Analysis of the experience of their development makes it possible to characterize the dynamics of their structures and legal controls on the basis of a combination of the principle of state sovereignty and the principles of international law. On the agenda – the recognition of the emerging integration law.

Keywords: interstate integration, integration law, comparative law methodology, combined legal regulators, legal environment, cross-border legal communication, legal sovereignty.

Abstract: The Netherlands is a state with a legal system that is very open to international law. All treaties that are binding on the Netherlands as matter of international law are automatically incorporated in the domestic legal order. The Constitution of the Netherlands establishes that acts of national legislation shall not be applicable if such application is in conflict with provisions of treaties that are binding on all persons. The Constitution permits the possibility of tacit approval of treaties by parliament. As an exception the treaty can be submitted to parliament for approval once consent to be bound has been expressed. Any provisions of a treaty that conflict with the Constitution may be approved by parliament only if at least two-thirds of the votes cast are in favour. The most remarkable aspects of the implementation of international treaties by the Netherlands are the relatively large possibility of direct application by the courts and executive and the supremacy of directly effective treaty provisions over statutes and even the Constitution.

Keywords: automatic incorporation, express approval, tacit approval, binding on all persons, direct effect, supremacy, treaty obligations, self-executing treaties, non-self-executing treaties, the supremacy of treaties.

Abstract: The Article attempts to cover the main stages of development and modern trends of arbitration under the law of England and Wales. The first section of the article discusses the sources and early judgments of English courts on arbitration. The Author emphasizes that arbitration tribunals had to counter the opposition of the state courts before the judgment Scot v. Avery. This opposition was driven by the fact that the state courts were unwilling to tolerate the existence of alternative dispute resolution system and by the fact that the ability of the parties to submit the dispute to arbitration seriously reduced the court’s fees. The second part deals with the modern trends in arbitration of England and Wales. The Author brings to attention that under Art. 69 of the Arbitration Act 1996 arbitral award may be appealed to the Court of Appeals (unless the parties agreed otherwise). However, such occurrence is genuinely exceptional. Besides, the second part of the Article touches upon arbitrability of the dispute under the doctrine and case law. The Article is concluded by a comparative analysis of Russian and English Law on arbitration.

Keywords: international commercial arbitration, the English law, arbitration clause.

Abstract: This article presents a summary of the 99th plenary session of the European Commission for Democracy through Law (Venice Commission of the Council of Europe), which adopted a number of opinions on the legislation of the countries – members of the Venice Commission, including the opinion on Russian Law amending the NGO Law (Law on Foreign Agents) and the Penal Code (Act on treason and espionage). Also at the 99th plenary session was approved the study by the national legislations on freedom of peaceful assembly, prepared under the request of the Commission by the German Institute of Max Planck.

Keywords: European Commission for Democracy through Law, Venice Commission, Council of Europe, 99th plenary session, the law on non-profit organizations, the law on treason and espionage, opinion, analysis of legislation.