Abstract: There are 277 languages and dialects currently in use in the Russian Federation. At the same time, as is noted in the Nationalities Policy Strategy of the Russian Federation until 2025, the public education system uses 89 languages: 30 are languages of instruction and 59 are the subject of study. In this context, the role of constituent entities of the Russian Federation to ensure the constitutional right of peoples to preserve their native language, as envisaged by Part 3 of Article 68 of the Constitution of the Russian Federation, comes to the fore. Analysis of federal and regional legislation reveals a positive experience in the practice of consolidating the laws of the Russian Federation for the main uses of the languages of the various peoples of the Russian Federation. This can be seen in government organizations and bodies of the republics; in the adoption and publication of laws and regulations; in the organization and conduct of elections and referenda; in education, science and culture; in the notation of names, titles, symbols; and in the provision of information. This is the experience of the 19 republics of the Russian Federation which have passed legislation on national languages, providing additional guarantees for the preservation of the language of titular peoples. Simultaneously, the constituent territories of the Russian Federation need to make an effort to preserve the native language of other peoples of Russia who live closely together in the various territories of the Russian Federation. Under current conditions, these types of efforts should be allocated targeted financial support for national-cultural autonomies, support which has to date been successfully implemented in a number of constituent territories of the Russian Federation.

Keywords: constitutional law, preservation of mother tongue, national language, titular peoples, national-cultural autonomy, laws of republics, constituent entities of the Russian Federation, official languages, ethnic minorities, indigenous minorities

Abstract: This article examines the legal and institutional problems in implementing administrative procedures in the public service. It reveals the peculiarities of these procedures and provides ideas for improving them. The article brings together different points of view regarding the institution of public service, and traces the direction of its development from inception to the present. The article notes that administrative procedures provide an opportunity for citizens to exercise their constitutional right to enter the public service, as well as the materialisation of a career in the public service. In this regard, it is nowadays effectively necessary to improve each of the available civil service procedures. The article discusses qualifying examinations and performance reviews, reveals the legal status of a civil service contract, etc., and concludes with suggestions on improving these administrative procedures. After all, the nature of these procedures will ultimately result in the concomitant quality of the legal control of many relationships in the civil service.

Keywords: civil service, civil servant, procedure, qualifying, performance review, competition, examination, rotation, responsibility, government

Abstract: This paper considers the concepts of an exclusively renewable energy market on the basis of a hypothesis that the end of the fossil energy era is imminent and the advent of the exclusively renewable energy market is inevitable. It examines energy policies and their suitability for transition to an exclusively renewable energy market as well as drawing on some possibilities for integrating renewable energy policies into current mainstream energy policies. The major part of the paper is devoted to the study of an exclusively renewable energy market structure which would consist almost exclusively of renewable electricity and not biofuels. The qualities of various renewable energy sources are considered and evaluated in order to determine they part in future exclusively renewable energy market. Individual or end-consumer renewable electricity production is considered to be the dominant trend in an exclusively renewable energy market.

Keywords: energy, economy, renewable energy policy, renewable energy market, energy market structure, individual energy production, end-consumer, electricity, biofuel, fossil fuels

Abstract: This article identifies the conditions necessary to ensure the constitutional principle of free and fair elections/ referenda. Analysis of the Constitution of the Russian Federation reveals that its articles provide the required basis and the necessary list of legal means by which to establish the conditions to ensure the constitutional principle of free and fair elections/referenda; that is, that the outcome of an election/referendum is free from any major flaws and is not doubted by the populace. The Constitution of the Russian Federation indirectly leads to the deduction that the results of elections/ referenda, as determined by the authorities organizing such, have to be (and are able to be) audited by any voter so that the errors may be corrected. It is possible to establish the conditions necessary for the organization of a voting system that would embody the constitutional principle of free and fair elections while preserving the secrecy of the ballot. Such conditions are: 1 ) the existence of a mechanism by which voters can verify a record of their vote; 2 ) the existence of a mechanism by which voters can safeguard their vote in case of discrepancies; 3 ) the existence of a mechanism by which voters can verify the authenticity of the voting results; 4) the existence of a mechanism for the protection of voters of an election/referendum in case of discrepancies; and 5 ) the existence of mechanism by which a political party can verify the reliability of the voting results; 6) the existence of a mechanism for the protection of a political party involved in an election/ referendum in case of discrepancies; 7) the existence of a mechanism to punish individuals who are identified and confirmed in court as being responsible for interfering with an election/referendum; and 8 ) the existence of a mechanism to encourage responsible and concerned individuals to detect and prove in court evidence of electoral interference.

Keywords: constitution, constitutional principles, conditions of a constitutional principle, populace, elections, verification, election commissions, voting results, election results, source of power

Abstract: The subject of this study is the effectiveness and quality of governance in the Russian Federation in respect of public transport policy. The authors unravel the meanings of the key concepts used in the material and use their own understanding of the criteria which can be used to assess the effectiveness of executive power. The article considers Russian transport policy and its economic and social effectiveness. It also considers the future of the transcontinental mega-project “Integrated Eurasian Transport System” and the formation of a fundamentally new Eurasian market. The article concludes that there is an irrefutable correlation between the formation of an efficient transport policy and the level of professionalism and organization of personnel in the Russian system of government. The study relies on comparative law as well as empirical and historical methods of classification, analysis and synthesis. The article identifies new approaches to the study of governance and should improve the economic and social efficiency of state management in the future.

Keywords: governance, Common Economic Space, Integrated Eurasian Transit System, quality, transcontinental project, transport infrastructure, transport policy, transport strategy, effectiveness

Abstract: This article contains an analysis of one type of legal policy – rule-making. Rule-making requires a reliable conceptual justification. Conducting such an analysis involves an in-depth understanding of this type of legal policy, of its features and its subject matter. The article considers the framework of the actors in the rule-making domain, which include a large range of individuals and organizations. A variety of existing shortcomings in this area, most prominent of which is the delay in meeting the objective needs of society, reflect negatively on the socio-economic, socio-political and state-legal development of the state. The author considers the various stages of the mechanism for legal regulation, from establishing legal norms to the optional final stage, when community organizations and representatives of civil society become involved as actors, as well as the use of legal monitoring. In relation to rule-making, intelligible legal policy is designed to address these gaps and thus make it a truly effective instrument of state management of society.

Keywords: legal policy, academic community, process of making law, law enforcement, legislative system, legal monitoring, legal controls, enforcement of rights, range of rule-making, legal progress

Abstract: This article traces the development of international law regulation of the trade and economic relationship between Russia and the USA since the establishment of a market economy of Russia. The article contains a brief analysis of the major trade and economic agreements between the two nations, as well as the main provisions of Russian laws which apply to trade between the two countries and a description of the specific forms of bilateral trade and economic co-operation. In the recent past, Russia and the USA belonged to different socio-economic strata; this has, in some ways, left its mark on the trade and economic relations between the two countries. Throughout every stage of relations between the USA and Russia, their economic component was closely linked to, and often directly caused by, the political interests of the two nations: primarily, it was in the interest of USA. As a rule, the aggravation of political relations invariably led to a stagnation or a reduction of foreign trade and the scope of other areas of economic relations.

Keywords: Russia, USA, trade, relations, agreements, bilateral, international, trade and economics, treaty, political

Abstract: The legislature is being neglectful in relation to party financing. The legislation of the Russian Federation lacks a definition of the corresponding concept. In order to promote the transparency of party financing as a way to fight political corruption, it is necessary not only to identify gaps in legal regulation, but also to perfect such regulation by encouraging the further development of legislation controlling the financing of political parties. Russian legislative controls over the financing of political parties are largely consistent with international norms and standards. However, they are cumbersome, in the sense that these issues are regulated by a substantial number of different laws, which in turn leads to difficulties of enforcement. Moreover, there are significant differences between the various types and methods of party financing, as well as between the various applicable laws. In this regard, it is appropriate for a single piece of legislation to be developed, the scope of which covers all issues in relation to financing of political parties.

Keywords: political parties, aims of party activities, the current activities of political parties, party funding, types of party financing, current financing of political parties, electoral funds, sources of party funding, donations, limits on the size of donations

Abstract: The article discusses issues related to the settlement of the Nagorno-Karabakh conflict – one of the most protracted conflicts in the former Soviet Union. To date, the efforts of the parties to the conflict to resolve it have clearly been insufficient. The main instrument for the resolution of this dispute is the Minsk Group of the Organization for Security and Co-operation in Europe. In this regard, the role of such all-inclusive organizations such as the United Nations has been significantly reduced. The author analyzes the decisions of the Security Council on the status of Nagorno-Karabakh as well as the non-binding resolutions of the UN General Assembly. The author determines that the UN should make a greater effort towards a peaceful settlement of the dispute and focus on the actions of the parties to the conflict outside the parameters of the OSCE Minsk Group. The article highlights the immense role of the UN in implementing the right of peoples to self-determination so as to safeguard their rights and freedoms. However, it is worth noting that if there is a new outbreak of violence, a resumption of hostilities and a definitive collapse of the peace talks, the UN, by way of the Security Council, will once again play a major role.

Keywords: Nagorno-Karabakh conflict, peaceful settlement of the dispute, activities of the UN, right to self-determination, Security Council resolutions, Armenia and Azerbaijan, unrecognized republic, UN General Assembly, aggression, principle of territorial integrity

Abstract: This article explores doctrinal legal opinion vis-a-vis the principle of procedural independence of judges. It analyses the problem of the legal essence of the doctrinal-legal opinion of the academic – a specialist in a particular area of law – and the importance of such an opinion in deciding a criminal case correctly. The article identifies factors which prevent the widespread adoption of these opinions in judicial work. It is based on the results of a comparative analysis of the relevant case law of the Russian Constitutional Court, as well as that of a number of regional and provincial courts of the Ural Federal District. The research utilises techniques of observation, generalization, induction, analysis and synthesis, and comparative law as well as the empirical method. The article’s academic novelty lies in its determining of the legal nature of doctrinal opinions and its justification for their role in the resolution of situational problems which arise in the administration of criminal justice.

Keywords: judge, doctrinally-legal opinion, independence of the judiciary, criminal justice, problems, disregard of knowledge, expert opinion, dynamism, validity of legal proceedings, judicial independence

Abstract: In the twenty years since the adoption of the Constitution of the Russian Federation, the Russian state and its society have continued to develop. The effectiveness of the protection of the rights and liberties of the man and the citizen is a current issue. This article examines terms such as ‘legal protection’, ‘state protection’, and ‘ judicial protection’ as they apply to the rights and liberties of the man and the citizen, and considers their correlation. Comparative legal research results in the conclusion that legal protection is a category most closely related to state and judicial protection. Particular attention is given to judicial protection, and its inherent characteristics are outlined. Judicial protection is considered in two ways: from the perspective of parties applying to the courts for protection, and from the perspective of the judiciary exercising their powers in the administration of justice. As a result of this analysis, and by using the formal legal research method, the author presents a definition for the idea of ‘ judicial protection of the rights and freedoms of the man and the citizen.’ The article also addresses obstacles to the effective functioning of the courts and offers some solutions, as well as assessing government policy to reform the judicial system. This article can be used in the study of problems of judicial protection of constitutional rights and liberties of man and citizen in the Russian Federation.

Keywords: Constitution of the Russian Federation, civil society, human rights, protection of rights, state protection, judicial protection, administration of justice, judicial bodies, court amalgamation, effectiveness of the administration of justice

Abstract: This article investigates the issue of access to information about the activities of government and municipal government authorities. It considers the substance inherent in the exercise of this type of constitutional right to information, such as access to information. This right allows a person and a citizen to satisfy his need to obtain the required information either directly from official sources or by sending a request and receiving an answer from the state or local government authority. This article considers the issue of transparency of state and local government bodies, and concludes that openness is the major contributor to the exercise of the constitutional right to information. It maintains a balance between the interests of the state and the individual and the citizen in the framework of the knowledge society. The author proposes a new concept of access to information as well as insights into the federal law ‘On access to information on activities of state bodies and local government bodies’. He considers issues relating to the legal exercise of the constitutional right to information through access to information, detailing not only the limitations of this right as set by the legislator, but also limits to the exercise of the right.

Keywords: right to information, constitutional law, access to information, principle of transparency, government bodies, government, human rights, obligations of administrative officials, accountability, rights

Abstract: Clause 1, Article 7 of the Constitution of the Russian Federation declares that the Russian Federation is a social/ welfare state. The main element of the welfare state is a system of social rights, of which the key is the right to social security. This article focuses on the constitutional framework of social rights, their classification and characteristics. It shows the problems involved with the place and role of social rights, including the right to social security, being one of the main rights of the man and the citizen enshrined in the Constitution of the Russian Federation. Particular attention is paid to the functions of social rights, in particular the functions of the right to social security. These issues are investigated using logical and systematic methods of analysis and synthesis, technical research and legal comparison, as well as structuralfunctional research. This article extends and substantiates the thesis that the constitutional right to social security is the key legal phenomenon among social rights, since it has certain traits that give it a fundamental, systematically important character among all the social rights. The research leads to a conclusion as to the special role of social rights, including the right to social security, which provide the welfare characteristic to the policy of the Russian state.

Keywords: socioeconomic rights, concept, social safety net, problems, demographics, welfare state, material wealth, signs, social security, Constitution

Abstract: For the first time in the history of Russian civil law, civil law principles have been enshrined verbatim in legislation, giving them ‘ first principle’ status. On the one hand, legislative recognition of the principles of civil law has become the starting point for the development of national civil law legislation of Russia and Belarus. Conversely, it has brought to the fore the problems of such development in accordance with the declared first principles, an important component of which is the question of the acceptability of restrictions on principles as fundamental provisions of the legislation. Based on an analysis of the legislation of Russia and Belarus, as well as statements of legal doctrine, the authors attempt to define acceptable limits on the restrictions of the first principles of civil law, as well as make a number of suggestions to improve the legislation to meet the first-principle requirements. They argue that the decision to introduce restrictions of the principles of civil law must be preceded by an assessment of their justification in terms of the balance between private and public interests. It behoves legislators to strictly follow the rule that any restriction of a legal principle should be created only according to law and in accordance with the Constitution.

Keywords: civil law, civil law legislation, restrictions on principles, rule of law, principles of law, civil rights, legal system, protection of human rights, public interest, restriction of rights

Abstract: Electronic voting is a new and growing area of the electoral process and is therefore very topical. This article discusses a method of electronic voting which is actively applied in the territory of the Russian Federation – the optical scan voting system (KOIB in Russian). It analyses sociological surveys, expert opinions, and reports on the application of KOIB as well as considering the practice of using KOIB in the Tyumen region. The authors identify the main strengths and weaknesses of an automated system of voting and vote-counting. The following general methods of research were used: ontological, epistemological and dialectical research; comparative legal research; induction and deduction; synthesis and analysis. This original research is the first to consider in detail the advantages and disadvantages of KOIB based on social surveys and reports of the Central Election Commission (CEC) of Russia. It also identifies possible causes of violations of Precinct Election Commission (PEC) instructions. The research shows that the use of KOIB has many advantages: quick ballot counting and determination of results, increased voter turnout due to the exclusion of the ‘human factor’, etc. However, the use of KOIB during elections leads to a large number of deficiencies also, most of which are related to the incompetence of PEC members and malfunctioning equipment. The article concludes that further development of e-voting systems is imperative, as is the improvement of KOIB and tougher requirements for PEC members.

Keywords: electoral system, Tyumen region, KOIB, electronic voting, precinct election commission, protocol, elections, sociological survey, electronic methods of voting, electoral fraud

Abstract: This article considers the problems of establishing a theory of integrated legal consciousness in Russia, outlines the particulars of developing the genetic method in the Russian school of legal sociology, and presents an analysis of the theoretical position of Bogdan Kistyakovsky in relation to the possibility of objective law and the role of the inherent concept of the “public sphere” when discussing the nature of law. The article focuses on the essence of the genetic method of learning and the nature of the historiographical situation in Russian legal science at the turn of the 20th century. For Kistyakovsky, the hermeneutical schema was of particular importance in the formation of the genetic method in Russian legal sociology. This alludes to the logical relationship between the reality of objective laws and the normative system of society – the social norms which form society. The framework of the genetic method gives rise to an understanding of law primarily through the study of the problems of the origins of law: the study of the nature of law which brings about its operationality. The problems of the origins of law were touched upon by the majority of the representatives of the Russian school of integrative legal consciousness (Maxim Kovalevsky, Sergey Muromtsev, Bogdan Kistyakovsky). On the one hand, contemporary discussion of the types of legal consciousness is characterized by an increased interest in the problem of generating a consistent integrative theory of legal consciousness. On the other hand, there is a lack of serious theoretical interest in the pragmatic and practical tradition of the study of law using the genetic method, as outlined in Russian jurisprudence in the late 19th and early 20th centuries.

Keywords: normative theory of law, school of legal sociology, legal autonomy, origins of law, social norms, objective law, genetic method, integrated legal consciousness, scientific-integrated approach, operationality of law

Abstract: This paper considers the legal nature of agricultural cooperatives according to the legislation of the UK, Germany, and France. It reveals the history of legal regulation of cooperatives in 19th and 20th centuries and considers general trends in the legal framework for cooperatives in England, France, and Germany. The paper also details the norms of civil, commercial, and cooperative legislation which governs the activities of cooperatives, and outlines recent legislative changes in the legal status of cooperatives. It presents a range of models for legal regulation of foreign agricultural cooperatives and offers criteria for separating cooperatives from other legal entities. The paper concludes that despite the trend towards convergence of the legal status of cooperatives and other legal entities, most cooperatives retain a cooperative nature and identify themselves as such – as being subject to cooperative principles. In particular, this can be seen in the preservation of the cooperative model of governance and the distribution of profits which derive from the work contribution of cooperative members or their participation in the cooperative’s business activities.

Keywords: cooperation, cooperative, agricultural cooperative, partnership, corporation, company, society, association, cooperative association, cooperative legislation

Abstract: This article looks at a little-known concept in the science of general law – emergency regulation. The author shows the main features of the legal framework for emergencies as a special form of legal regulation. The paper concludes that the legal regulation of emergencies has three forms: as legal regulation, as a special legal regime, and as a complex public law institution. Both Russian and foreign emergency legislation is considered. The author concludes that a state of emergency necessitates authoritarian methods of regulation and control. He also analyses the set of powers of government authorities typical in emergency situations. The author discusses various types of public emergency in relation to the act which gave rise to them (the fight against terrorism, a state of emergency caused by man-made disasters, natural phenomena, etc.) on the basis of current legislation of a range of nations.

Keywords: legal framework for emergencies, emergency legal regime, emergency law, extraordinary legal framework, types of legal regulation, state of emergency, emergency lawmaking, emergency forces, extreme situation, emergency control arrangements

Abstract: This article is devoted to the topical issue of regulating the protection of creditor rights during the restructuring process. The article contains an examination of the history of the development of various types of restructuring of legal entities; an analysis of the judicial substance of different types of restructuring; and the impact of restructuring proceedings on creditor rights. The author examines the theoretical views of academics in respect of the definition of substantial forms of restructuring, provides practical examples related to the interpretation of the legislative norms used during the process of restructuring, and analyses methods of legislative control over restructuring. The author also considers academic views of the definition of ‘creditor’ and a definition of those parties who could be considered as creditors in the restructuring process. Doctrinal problems and the application of the law on the rights of creditors in the restructuring of legal entities are also considered in light of the proposed amendments to the Civil Code of the Russian Federation. The article concludes with concrete proposals to improve existing legislation in order to increase the protection of creditors in the restructuring process.

Keywords: creditor, the rights of creditors, restructuring, types of restructuring, protection of creditor rights, mergers and consolidations, demergers and spin-offs, reconstruction, legal entity, mixed restructuring

Abstract: This paper considers a well-known but not much sought-after institution of Russian contract law – the formation of a contract through a public offering. It presents an analysis of the legal nature and legal regulation of public offers as a type of contract creation. The author establishes differences between concluding contracts through a public offering and doing so via option contracts or competitive tenders. Contracts created by means of public offering are mostly seen in the sale of state and municipal property. Given the efficient use of public offerings in the sale of property and contract creation, the article discusses the possibility of using public offerings as a way to create state and municipal contracts. The author carries out a comprehensive analysis of the possibilities of using this method for the purposes of state and municipal procurement. He concludes that it is possible for public offerings to be used as a method of procurement without the need for a competitive tendering process, and proposes a number of measures to improve legal regulation in this area.

Keywords: competitive tender, government contract, government procurement, privatization, jurisprudence, offers, options contract, contract, property, options contract.