Abstract: Clear conception of citizens’ legal behavior motives is of great importance for efficient professional legal activities which is the key component of legal regulation practice. The authors classify legal behavior on the basis of motives. The article gives the data on the results of sociological research of legal ethics for lawyers in action. 800 people were enquired in the course of the research. Citizens’ legal behavior motives were included in questionnaire. The article holds the comparison table showing lawyers’ approach to motives of citizens’ legal behavior depending on their professional specialization. The comparative analysis of lawyers’ evaluation of citizens’ motives in Soviet and postsoviet period is given. The drawings are also attached. They explain the results of sociological research based on the method of structural taxînomy.

Keywords: pravoporyadok, pravovoe soznanie, pravovoe vospitanie, sotsiologicheskoe issledovanie, metod strukturnoi taksonomii

Abstract: This article is a reprint copy of the manuscript dated 1944 which was found in the archive of late professor O.F. Shishov. The author of the manuscript is T.L. Sergeeva, a distinguished criminal law theoretic in the Soviet era.

Keywords: souchastie, ugolovnoe pravo, vidy souchastnikov, aktsessornaya teoriya

Abstract: The litigant’s representative is the relatively late arised legal institution. As a rule the litigants appeared originally in person before the judges. The realization of litigant’s representative in some from most early States was excluded with the form of legal proceedings. In particular the trial in Ancient Egypt was writing and secret. The pleadings were forbidden. By ancient Jews acted the principle of personal appearance in court so that even the women pleaded their cases. But aftewords was evidently the litigant’s representative allowed. In all probability was allowed the kindred litigant’s representative when the pleading of one’s cases is impossible (the illness, the infancy, the senile infirmity and so on). The first information about such representative applies to China where the litigant’s representative was allowed for old and sick men who could to send instead of themselves the members their family. The representative was ordered for officials (mandarins). Also the women enjoyed the privilege of representative. Debatable is the question about the presence of representative in Ancient India. Also in the ancient European States on the first stage of their development took place the negative attitude to the litigant’s representative. Great Solon at the beginning VI c B.C. promulgated the law which provided the personal defence of their interests by the citizens of Athens. Subsequently was allowed the kindred defence in court but the like cases were rare. Since many no took the gift of words began to write for the litigants the speeches which were named the logographies. The litigants learnt by heart and delivered these speeches in court. Later was allowed for the defendant to use the second speech which was called the devterologie and delivered by other persons – syegoroses. The agreed oral defence gradually force out the “dumb” one. Namely in Ancient Greece began the formation of oratory which has played an important role in the history of the development of professional litigant’s representative. The forming of the institution of litigant’s representative was continued in Ancient Rome what promoted the passage to the aktioes per formulas which expected an juridical knowledge and an experience of the pleading of cases in court from the litigants. At that time assumed the function of litigant’s representative the cognitores then the procuratores which could to appear for the defence in accordance with desire of litigants. At last the litigant’s representative began to realize the members of the bar.

Keywords: vozniknovenie, Drevnii Egipet, drevnie iudei, Drevnii Kitai, Drevnyaya Indiya, antichnye gosudarstva

Abstract: The development of the structural organization of Ministry of Foreign Affairs in the Russian Empire in 1802–1832 is characterized by some specific features. The establishment of ministries in September 8, 1802 affected the Collegium for Foreign Affairs mainly as changes in its overhead personnel. A.P. Vorontsov, Minister of Foreign Affairs, State Chancellor, headed the Collegium for Foreign Affairs, and A.A. Chartoryisky, Vice Minister, was deputed. The Collegium for Foreign Affairs attached the Ceremonial affairs (that is, the Ceremonial Department of the Court Office) as well. In 1802 all the changes in the Collegium for Foreign Affairs were limited to above-mentioned. The legislative acts of the final period of the ministerial reform (1810- 1811): The proclamation “About the division of state affairs into special departments, with a specification of affairs for each department” dated July 25, 1819; “Supreme approved division of state affairs among ministries “dated August 17, 1810; and “General establishment of ministries” dated June 25, 1811, actually didn’t affect the Ministry of Foreign Affairs. So, even after the issue of “The General establishment of ministries” dated June 25, 1811, the organization construction of the Ministry of Foreign Affairs was not completed. Only the Decree “About the new formation of the Ministry of Foreign Affairs” dated April 10, 1832, abolished the Collegium for Foreign Affairs, determined a new structure of the Ministry of Foreign Affairs, encouraged the centralization of its organizational structure and the introduction of the unified clerical correspondence. Whereby, the major historic and legal distinctive features of the given development were as follows: the continuation of the Collegium for Foreign Affairs running as part of the Ministry of Foreign Affairs for a long time period (up to 1832); the gradual character of extension of “The General Establishment of Ministries” dated June 25, 1811, to the Ministry of Foreign Affairs; forming of dualism (between K.V. Nesselrode and I.A. Kapodistriya) in the governance of the foreign policy of the Russian Empire in 1815–1822, meaning that the dualism effected the structural organization of Ministry of Foreign Affairs; availability of Secret departments (subdivisions) in the Ministry of Foreign Affairs’ structure: the Tsifirnaya forwarding department (departments) (a cryptographic department in charge of maintaining a classified correspondence); and its activity hasn’t studied thoroughly in scientific literature; the transfer period from the collegiate governmental system to the ministerial one in the Ministry of Foreign Affairs in 1802–1832. The given historic and legal specific features of structural organization of Ministry of Foreign Affairs in the Russian Empire in 1802–1832 is of considerable scientific value from the historic and legal point of views.

Keywords: Ministerstvo inostrannykh del, Kollegiya inostrannykh del, ministerskaya reforma, ministerskaya sistema upravleniya, kollezhskoe uchrezhdenie, pravovoe oformlenie, gosudarstvennoe upravlenie, strukturnaya organizatsiya

Abstract: The right to elect and to be elected is the most significant one in the group of political rights, as it enables an individual to influence national policy. This article gives an analysis of the major international legal acts regulating electoral rights of foreign citizens in the host country. The Russian legislation is characterized in comparison with international regulations. The author comes to a conclusion on existence of conflicts in the Russian legislation with regard to securing the foreign citizens’ right to elect and to be elected. The ways of resolving the conflicts are proposed. The article also deals with the issue of bilateral treaties granting electoral rights to foreign citizens at a local level as well as with the issue of necessity of signing such treaties. The author draws the following conclusions with regard to granting electoral rights to foreign citizens on the territory of the Russian Federation. First, taking into account the trend towards economic and political integration, priority should be given to the CIS countries when signing bilateral treaties. Second, granting of electoral rights to foreign citizens permanently residing on the territory of the Russian Federation should be limited by the “voting right,” i.e. the active electoral right. Third, it is necessary to secure in the Russian legislation the mechanism of electoral rights exercising by foreign citizens. Fourth, it is required to unify regulations on electoral rights of foreign citizens in terms of establishing a standard requirement of permanent residence implying availability of a residence permit. Besides, it appears expedient to secure in the legislation of the Russian Federation, as a prerequisite for electoral right exercising by foreign citizens, a requirement of a three-year period of permanent residence on the territory of the corresponding municipal entity starting from the date of obtaining a residence permit. On the whole, as no international treaties granting electoral rights to foreign citizens are currently available in the Russian Federation, the reform of legislation in that sphere might proceed smoothly.

Keywords: inostrannye grazhdane, mestnoe samoupravlenie, mestnoe samoupravlenie

Abstract: The article analyses key aspects of the contemporary public property law concept. The author provides justification to the conclusion that the current legislation does not contain any basis for defining “form of property” (“form of state property”) as a separate category in civil law. However it’s necessary to admit that similar to the law on property rights of citizens and legal entities, it’s worth referring to public property right as a type of property law. According to the author, it’s a mistake to make attempts to construct a special institute (sub-institute) of public property law as a part of constitutional law along with the property rights law in civil law. The approach would mean admitting inequality in possible implementation of private property rights law (based on civil law) and public property law (based on public law), which is a direct contradiction to article 8 of the Constitution of the Russian Federation. Characterizing property as a dimension for economic and legal relations, it’s necessary to highlight dual notions such as “property relations model” in economic terms and “property rights model” in legal terms. The dissertation proposes a system of actualized approaches to the existing structural models of property relations and corresponding models of property rights. The author proposes to separate complex in structure subordination model of property relations and corresponding complex institute of public property law. Based on analysis of legislation on delineation of public property, the author draws the conclusion on the ongoing strengthening vertical integrated structure of property management. Administrative reform and delineation of mandates between different levels of public authorities will continue and will be accompanied by redistribution of property within public sector. Taking into account public law foundations of the process, it is to be implemented under special procedures, not necessarily involving institute of civil law.

Keywords: gosudarstvo kak chastnopravovoi sub'ekt, pravo gosudarstvennoi sobstvennosti, strukturnye modeli otnoshenii sobstvennosti

Abstract: Observance, utilization and discharge as forms of the immediate realization of the criminal law norms take place because there is not a need of a state intervention in the factual behavior in the real life’s situations with purpose of securing or organizing of the realization of the personal rights and duties: the persons should only act observing some norms stated by criminal law. But often it is impossible to realize legal norms in full without intervening in this process of the state bodies, i.e. without use of legal norms. Such use may be in forms of deciding a question about criminal nature of the act and passing the necessary decision. Use of criminal law norms distinguished from its observance, utilization and discharge has some features which represent its content, nature, interior structure, purpose, circle of persons and form. Criminal law norms are used for deciding the question about the criminal liability in any aspect of this notion (have we a basis for the criminal liability or not, for discharge from the criminal liability or the punishment, for sentencing or the application of other criminal law measures, etc.) and in some other cases (i.e. art. 14-2, 21, 30-2, 97, 100–102 of the Criminal Code). Use of criminal law norms is rendering of the concrete decision by the competent bodies in the prescribed procedure form about the criminal liability in course of the protectoral criminal law relationships or about any other question in course of the regulatory criminal law relationships (i.e. art. 14-2, 21, 30-2, 97, 100–102 of the Criminal Code). Use of law is a facultative stage of the criminal law regulation and takes place when persons breach the regulatory legal norms in course of the realization of the law. Use of law takes place after appearing of the negative facts, i.e. committing usually a social dangerous act. There are often used the protectoral norms but in some cases there may be used some regulatory criminal law norms. If the regulatory norm is used then the process of norm’s use does not include the stage of the qualification of crime. Discretion is not a necessary sign of use of criminal law norms but is a characteristic sign of it.

Keywords: primenenie, priznaki primeneniya, forma realizatsii ugolovno-pravovoi normy, kvalifikatsiya, usmotrenie

Abstract: At the beginning of the 20th century the representatives of the legal doctrine expressed opposite opinions about the legal nature of photography. Nowadays the artistic character of the photography is juristically fixed. Up to third quarter of the 19th century legislation of the states did not contain rules of photographer rights. By the end of 19th – beginning 20th century appeared first principles of the national legal regulation photographic works as objects of intellectual property, and also appeared the necessity and ability of creating international protection. Firstly photography appeared in the sphere of protected objects only in the third text (Berlin 1908) of Bern convention of protecting literature and art works. It stimulated the further development of national legal regulation for states-members of Convention (unification process) and for states, not taking part in it (harmonization process). Particularly, in Russia the Copyright law was adopted in 1911, which established exclusive rights of the photographer and spread the protection on the works, the rights on which were owned by the foreigners. Post-revolutionary CIK Decision on fundamentals of copyright law of 1925, reproduced the same volume of photography protection, but the period of protection was reduced and contractual treatment was fixed for the works appeared or existed abroad. The Fundamentals of Copyright law in the USSR and union republics of 1928 added the obligation of the third parties to pay royalty to the author, for using photographic works and also increased the periods of protection insignificantly. So, the protection of foreigner’s right, in whole, remained on the level of 1925 with slight changes. Such system of protection remained in Fundamentals of civil legislation of the USSR and union republics of 1961, but the list of formalities was reduced, the protection period increased up to 10 years; appeared the author’s right for alternation. In 1973 in connection with joining the USSR to the Worldwide convention of copyright law of 1952, RSFSR Civil Code of 1964 (in redaction of 1974) spread the legislative treatment on photographic works, common for all objects of copyright law. Criteria for foreigner’s rights were remained the same. The further statements (Fundamentals of Civil legislation of 1991 and Russian Copyright law of 1993) did not specify formalities, did not limit the protection of photographic works in comparison with other objects, increased the protection period of the photography up to 50 years after author’s death and later up to 70 years. The common way of governing foreigners rights remained. In 1994 Russia adopted the edition of 1971 the Worldwide copyright convention, and in 1995 to Bern Convention of protecting literature and art works of 1886. From 2008, Part 4 of the Russian Civil law is in force, the part is devoted to intellectual property, in which the photographic works have the same protection as the other objects. During the historical development of domestic legislation, the protection of photographic works merged with the protection treatment with other object of copyright and completely corresponds to the international standards of protecting the foreigner’s rights. But there are several questions without answers, which able to create collisions while using the foreign law, the conflicts in interpretation, “limping relations” and other problems connected with protection of foreign rightholders.

Keywords: mezhdunarodnoe chastnoe pravo, prava inostrannykh grazhdan, avtorskoe pravo, fotograficheskie proizvedeniya

Abstract: The piracy today experiences the true renaissance. Detention of pirates come to the end without results even at an irrefutability of proofs. But a carrier at all should not be prevented from choosing what package of risk is the most preferable to use. Damage of a cargo is considered as independent costs of insurance on qualification ÊÀÑÊÎ. Then it is possible to not care of the franchise more. One must choose between military and specific risks, with reference to a piracy. Scales of losses cease to depend on the fixed rate of losses which certifies transfer of compensation against payment of full insurance cost. Final authority for insurance completely passes to the insurer, and claims to a carrier become groundless. The difference between kinds of cost of irrevocable property, nevertheless arises. In this connection the cargo owner has a chance to change the situation to own advantage. Not indisputable presumption of partial execution of the contract sets up when essential conditions of property insurance prevail. As a result the current risks are in conflict with the global ones. Military risks are called to provide some functions of a certain counterbalance, no more that. While the individualization of a time – charter – party goods declares the payment of a primary contribution in the agreement. This is considered to be a sufficient basis for calculating the insurance premium. It is not known, whether specifications will prevail over this aspect especially or commercial details, such as special conditions of payment will be taken into account. The main thing, cash means successfully guarantee of reception of percents on the depositary invoice. Increasing risks can run low much more likely, than someone takes advantage of reserves from the losses declared for payment. It remains enigma whether exhaustion of limits of an insurance covering takes place. Here the loss ratio will be repeatedly surpassed, and definition of net-rate current tariff cannot claim for unconditional accuracy. Insurance only supports the stability in transboundary trade. Its task is rather modest: to define the safety corridors and specify precisely what the insurance premium covers. Purchase of reinsurance, inconceivable without the initial can take place also. Certainly, standard conditions of an insurance covering are a priori applied uneasy. It is possible to rate a piracy as a sea violence that provides for military risk categorically. However, prevention of losses mediates the actions on formation of essentially fresh form of the insurance premium. This form fully demonstrates also the individual interests prevail above immemorial aspiration to gain a personal benefit.

Keywords: strakhovanie sudov, perevozki, voennye riski, klassifikatsiya average all risks, piraty

Abstract: This article states legal regulation of transfer of rights to the industrial property objects in international private law. This question is analyzed focusing on the impact of the international treaty, regional documents and also new Russian civil legislation (In particular, part IV of the Civil code, came into effect since 1 January 2008). Notes how to identify the law applicable to the international transfer of know-how and what is determined by the applicable law. The questions of conflicts of law are therefore analyzed. In this article is also analyzed the term “transfer,” like a different method. As for industrial property objects, and if be more precise, – the transfer’s objects the author concludes, that these are rights in relation to competitiveness in the industry and are classified into patents, utility models, designs, trademarks and now-deceased objects such as know-how, computer software. Empirical evidence on the role of IP protection and well-formed transfer in promoting innovation and growth in general remains limited and inconclusive. Conflicting views also persist on the impacts of IPRs in the development prospects. Some point out that, in a modern economy, the minimum standards laid down in TRIPS, Paris convention for the protection of industrial property and in other international documents will bring benefits to developing countries by creating the incentive structure necessary for knowledge generation and diffusion, technology transfer and private investment flows. But there are only declarative formulation. Intellectual property rights (IPRs) have never been more economically and politically important or controversial than they are today. Patents, copyrights, trademarks, industrial designs, integrated circuits and geographical indications are frequently mentioned in discussions and debates on such diverse topics as public health, food security, education, trade, industrial policy, traditional knowledge, biodiversity, biotechnology, the Internet, the entertainment and media industries. In a knowledge-based economy, there is no doubt that an understanding of IPRs is indispensable to informed policy making in all areas of human development. It is to address some of these questions that the joint UNCTAD-ICTSD Project on Intellectual Property and Sustainable Development was launched in July 2001. One central objective has been to facilitate the emergence of a critical mass of well-informed stakeholders in developing countries – including decision makers, negotiators but also the private sector and civil society – who will be able to define their own sustainable human development objectives in the field of IPRs and effectively advance them at the national and international levels.

Keywords: peredacha prav na ob'ekty promyshlennoi sobstvennosti v mezhdunarodnom chastnom prave, kollizionno-pravovoe, ob'ekt peredachi, pravo na pravo, sposoby peredachi prav

Abstract: The world community worries about the problem of corruption which is defined as bribability of officials, use of imperious powers with a view of reception of personal benefit. Today corruption becomes threat for economy not only of separately taken countries, but also of all international system. In interests of fight against corruption of the state, such legal acts, as the Convention of the United Nations against corruption (2003), the Convention of the Council of Europe about criminally-legal responsibility for corruption (1999), the International code of behavior of officials (1996) and other documents have been accepted within the limits of the United Nations and the Council of Europe. The Russian Federation also has taken up obligations to carry out cooperation in counteraction to criminality and bring the national legislation in accordance to the international norms. However, there are no any positive shifts in overcoming of destructive influence of corruption on the Russian society. At the same time, out of ten countries of the world, the Kingdom of the Netherlands is a state which is the most free from corruption. During its history the Netherlands went through many political shocks, revolutions, social conflicts. The Dutch society struggled against corruption throughout many centuries. Dishonest policemen, public prosecutors, judges who used the office position with a view of personal enrichment, were especially harmful for the Dutch society. In the end the XX – beginning of the XXI-st centuries there was a new rise in confrontation with this negative social phenomenon, and it is connected with carrying out of anticorruption strategy under the general name “the policy of national honesty” in the Netherlands. This strategy includes numerous social and legal norms and institutes directed to counteraction to corruption. Queen Beatriks gives her people an example in carrying out of “policy of national honesty.” She is one of the richest women of Europe, but she shows modesty, always and in everything, and never boasts her wealth. Norms of counteraction to corruption are also introduced in the Constitution of Kingdom of the Netherlands, in the Criminal code of Holland, and other legal acts. The mechanism of realization of “policy of national honesty” includes monitoring of possible points of occurrence of situations of a corruption orientation in state and public organizations, training of civil servants to rules of conduct, careful selection and placement of personnel to responsible posts. The Dutch respect those civil servants who are engaged in social service of the population. In the country a system of encouragements and stimulus is created for those workers who fairly and effectively carry out their duties. A civil servant convicted of corruption, is considered as the public enemy and is forbidden to hold a position in organs of state authority till the end of life. The police of the Netherlands gets authorities from the population and according to the law from 1993. Selection of candidates for service in police is carried out on a competitive basis by means of interview, testing, check of previous life. Those candidates for work in police, who have predisposition to bribery, do not get the position. Norms of behavior of a police employee are listed in the Professional code of police of the Netherlands, accepted by Council of the main commissioners on January, 24th, 2007. This document contains such characteristics of seven professional values of police employees, as “respect,” “transparency,” “responsibility,” “inclusion,” “confidence,” “justice” and “balance,” promoting development and fastening in consciousness of a policeman respect for the chosen profession. Policemen show initiative at exposure of a corrupted colleague, offering him to leave the service at his own will. If he doesn’t leave it voluntary, they address the same request to the administration. Such their actions are called “to sew up a colleague.” Besides corruption, the prestige of the Dutch police is harmed by swindlers who deceive trustful foreign citizens, take hold of their money and thus give out themselves for police officers. The police warns tourists about possible deceits on all TV channels. Positive experience of police of the Netherlands in fight against corruption, taking into account national features, can also be successfully used in activity of law-enforcement bodies of the Russian Federation.

Keywords: korruptsiya, Niderlandy, vzyatochnichestvo, politsiya

Abstract: One can hardly imagine English Law and its history without Henry de Bracton’s tractate “On the Laws and Customs of England” and Bracton’s Note Book. These writings have been determined the developing of English Law and was its greater part in centuries to come. As yet they are relevant inasmuch as being the foundations of common law and authorities. In the article there is emphasized the relevance of Bracton’s writings and its especial part in genesis of modern English Law. Examination of his ideas or legal constructions demonstrates their contemporaneity. Being the authoritative source of English Law Bracton’s writings mainly appeared in subsequent Coke’s Reports and Grand Abridgment. It’s assumed the appeal to Bracton was necessary to meet a threat of absolutism. Author examines the treatise to show the relevance and importance of Bracton’s treatise. He laboured five key moments both of treatise itself and English Law: Romanism, case law, malice, third type of writ “magistralia,” and Bracton’s impact on the further development of English Law. Examining of everyone of above-mentioned moments he analyzes Bracton’s treatises as well as all the English Law. This also helps author to show relevance and manysidedness both of Bracton himself and his tractate. Medieval schools of legal thought haven’t been issued any other so detailed and thoughtful tractate in previous times. The level of treatment of all these five key moments is high, and the treatment is detailed. Bracton is the personification of the early English Law period, as well as of late one. He played important role in a developing of common law. It is safe to say the house of modern English Law is built on the rock of Bracton’s treatises. The effect of his work we can see today as well as in earlier times. English legal historians consider Bracton and his treatises have impacted on the history of XIV century England, as well as on the history of English Law. Virtually, all English legal literature written since XIII century tells us of English lawyers lived with Bracton dwelt within their hearts all these centuries long.

Keywords: Brakton, Angliya, angliiskoe pravo, anglosaksonskaya pravovaya sistema, pretsedent, prestupnyi umysel, magistralia