Abstract: This article reviews the problem of understanding the essence of natural law and its relation to the positive law. The author attempts to reconsider the long-settled understanding of the natural law. This approach is novel in that the natural law is described by the regularities of physical and social reality. With all this, its relationship with the positive law has a hierarchical and very complex structure.Taking into account the peculiarities of the human nature, the state and legal control of the deviant behaviour is obviously needed based on the requirements of objective regularities. At the same time the nature of state is of dualistic character as well. The natural law is indeed immanent laws of reality, rather than notions, desires or claims resulting from the human mind. In this focus of understanding, the natural law acquires new content which is unusual to the majority of theorists. It is not a mental model, or standard which is changing in accordance with the level of social development. It appears to be a hierarchical system of real laws to be considered – like it or not – in the positive (established by will) law. Their neglect will result in disorder of the social mechanism, impair the efficiency of juristic force, and cause social upheaval.

Keywords: human nature, regularities, multi-step nature, historical aspect, clash of opinions, revision interconnection, normativism, jusnaturalism, understanding, peculiarities

Abstract: Based upon the analysis of various approaches to the place and role of military law in the legal system of the Russian Federation and the evaluation of the participation of military organizations and military officers in the civil law turnover, the author establishes the possibility for the interdisciplinary (military law and civil law) regulation of the relations in the sphere of guarantees of military security of the Russian Federation. The object of studies includes social relations, which appear in regard with the implementation of the activities for the guarantees of military security of the Russian Federation by the military officers and military organizations at the current stage of development of the Armed Forces of the Russian Federation. The immediate object includes norms of law, legal constructions and legal means used in the sphere of guarantees of military security of the state. The methods of study include general scientific cognition methods (analysis, synthesis, generalization, systemic structural method), as well as logical and formal legal methods for the scientific research. The results include the development of the directions for solving the problems of interdisciplinary (military law and civil law) regulation of the relations in the sphere of guarantees of military security of the state. Its practical value is due to the fact that the conclusions and provisions formulated in this article have an impact on the development of legal system of the Russian Federation, its civil and military law, as well as the science of military law.

Keywords: military security, system of law, military law, complex branch of law, interdisciplinary legal institution, participants of civil law relations, military officers, military organizations, civil law regulation, military security of the state.

Abstract: The topicality of the article is due to the fact that Eurointegration in the Eastern Europe is especially topical today, and it is among the main daily news due to the events in the Ukraine. The role of Moldavia in the modern Eurointegration processes in the Eastern European territory is one of the most important points of the large-scale program of the European Union on strengthening its influence in the Eastern boundaries, and it also serves as a practical example of the “Eastern Partnership” program. The article is devoted to the initiating of the Treaty of Association between Moldavia and the European Union. The author analyzes the results of the Vilnius Summit and the prerequisites for the modern democratization in Moldavia. The goal of the article is to show the nature of the ongoing political process in Moldavia and to give a forecast for the future situation. The article includes a detailed analysis of the formation of the Romanianism in Moldavia and its influence upon the political processes in Moldavia, as well as the political process in Moldavia, which lead to the initiation of the Treaty of Association with the European Union. The scientific novelty of this article is in the analysis of the events, which took place quite recently, with the reference to the new topical materials and documents, allowing to provide a more complete picture of the events in Moldavia. The topic of Moldavian Eurointegration is not sufficiently studied. Currently there not many publications on this issues, especially those concerning the information of the latest events.

Keywords: Moldavia, the USSR, European cooperation, the Eastern Partnership, riots, geopolitical interest, Romania, association, initiating a treaty, the EU.

Abstract: The article concerns the problem of implementation of the principle of separation of powers in Russia at the current stage of development. The author analyzes the current Russian legislation regarding the position of the judiciary and the judges, providing evaluation of the practical work of judicial system, showing the defects in the legal field on this issue. Currently the judicial power does not fulfill its main function – to limit the legislative and executive branches of government, to implement legal control over their activities, and there is need to amend the Russian legislation based upon the generally recognized principles of law.

Keywords: jurisprudence, separation of powers, independence, irremovability, reform, democracy, influence, direct elections, disciplinary judgment seat, ruling political forces.

Abstract: Procedural (justice) function of the Constitutional Court of the Russian Federation and the Constitutional (Ustav) Courts of the constituent subjects of the Russian Federation is challenged in the scholarly writings, these bodies are not recognized as classical courts, and their activities are not recognized as part of national justice. The causes for such doctrinal views include the differences between the procedural forms of constitutional judicial process and other types of judicial process, as well as the absence of doctrinal attempts of procedural evaluation of the phenomenon of the Russian constitutional justice. The article is devoted to the studies of the activities of the constitutional courts as a part of national justice system, uncovering and analysis of its ties with the institution of judicial power. The methodology of the procedural evaluation of constitutional judicial procedure chosen by the author includes the doctrine of judicial law, which is the general theory of judicial law and is currently undergoing a Renaissance, since its interdisciplinary dimension allows for interdisciplinary studies in the sphere of justice, and for the evaluation of the novel legal institutions, such as the constitutional judicial procedure is within the framework of the Russian procedural science. The constitutional judicial procedure is viewed through the prism of the implementation of the mechanism of judicial power via judicial proceedings, the structure of which is offered by L.A. Voskobitova, and the positions of the “Court” in accordance with the Art. 6 of the European Convention on Human Rights. As a result, it is stated that it is a type of mechanism for the implementation of judicial power in the special sphere of material legal relation, and it is a constituent element of the national justice.

Keywords: the Constitutional Court, constitutional judicial process, constitutional judicial proceedings, judicial law, doctrine of judicial law, judicial power, mechanism for the implementation of power, fair judicial proceedings, revising judicial decisions, the European context.

Abstract: The article concerns the models of judicial constitutional control in the states currently existing at the territory of the Former Yugoslavia (Bosnia, Herzegovina, Macedonia, Serbia, Slovenia, Croatia, Montenegro). These states have a history of Socialistic past, which is similar to Russia, and their experience is especially interest, since their tradition was continuous for more than half a century. The author provides consecutive analysis of the similarities and differences in the process of formation, competence, procedures of the constitutional courts in the former Yugoslavian states, their places within the systems of state government bodies. The author used mostly historical and formal legal method for the analysis, and also comparative legal method. The results of study allow to state that these states have an European model of judicial constitutional control. Finally, the author draws a conclusion that in all of the Former Yugoslavia states the constitutional courts are regarded as independent state bodies, which are not included into any branches of state power, while they de facto implement judicial power, their proceedings are de facto part of judiciary.

Keywords: former Yugoslavia states, constitutional control, constitutional court, American model, European model, Constitution, constitutional proceedings, judicial power, constitutionality, actio popularis.

Abstract: The process of formation of the democratic rule of law state in Russia requires the need to provide by law for both the private interests and the interests meeting objective needs of society as a whole and guaranteeing social stability within a state. Viewing public interest as an inalienable attribute of a social state, the author regards the issue of legal guarantees of its implementation (revealing, guarding and protecting public interests) as a topical one for the legal science. Taking into account that presence of a prosecutor in a civil process serves as the main marker defining the need to protect a public interest in a civil process, the author turns to the theoretical issues regarding the studies of the “public interest” as a category. The study of the category of “public interest” is held by the author with regard to the use of general theoretical methods of interpretation, such as (grammatical (lingual), logical, systematic, functional methods. The author makes a conclusion that the category of “public interest” is an estimate one. Its contents depend on flexibility of boundaries between the spheres of activity of society and state, between public and private issues, allowing one to regard “public interest” as an universal legal matter, presupposing the possibility for both broadening and limiting interpretations. At the same time it requires due respect for the moral standpoints within the legal framework, which are present in the natural law approach to law. The revealed subject element of public interest corresponds to the goals of a prosecutor as a special subject in a civil process, which also reflects both his historical purpose and procedural legal status.

Keywords: public interest, protection, prosecutor, civil process, legality, state interest, social interest, undefined range of persons, significant number of persons, interpretation.

Abstract: The article is devoted to analysis of a constitution as a spiritually consolidating force in a society, as a social and cultural phenomenon, influencing every person and social world as a whole. The author pays special attention to the role of modern social studies and social knowledge in revealing culture-centered values of statehood and constitutionalism. The social-cultural research allows to present the phenomena in question as semantic values, including them into the system of other value-related and semantic coordinates, such as mentality, culture, society, historical memory, etc. The use of social legal approach allows to view the phenomena in question at an interdisciplinary level involving social sciences and jurisprudence. The scientific novelty is due to the fact that the object of studies is regarded in social and cultural perspectives, an accent is made on the interaction of society, state and human beings within the system of social and cultural coordinates and codes, when the uniting factor is the development of cultural values and norms.

Keywords: society, culture, constitution, constitutionalism, statehood, state, values, will of the people, meta-text, civilization.

Abstract: The general insurance contract (policy), which may be used for maritime transportation of goods may provide insurance coverage for all goods or a certain type of goods within the sphere of its application. The insurance indemnity should be paid on a condition that an insurance event (loss or damage to the goods) takes place within the period of validity of insurance coverage. The latter should be provided for in the general contract (policy), when it is concluded, and it applies no matter whether there was a policy for a specific party of goods. An insurance event is any loss or damage to the carried goods, which took place within the period of validity of insurance coverage according to the general policy. In respect of each lost or damage insured party of transported goods there is no need to establish the elements of probability and accidental character, since they are not characteristic features of the supposed event, which is defined when concluding a general insurance policy (contract).

Keywords: jurisprudence, marine, insurance, general, contract, policy, goods, loss, damage, compensation.

Abstract: Based upon the analysis of the regional legislation and municipal legal acts the author views the main provisions within the sphere of competence of municipal self-government on cooperation with the voluntary movement to the Russian Federation of the compatriots residing abroad, on legal regulation of the social and cultural adaptation of the foreign citizens in the accepting community of municipal units. The author studies the practice of implementation of programs on cooperation for the voluntary movement of compatriots residing abroad to the Russian Federation, making proposals for making them more efficient. The methodology of studies is formed by the complex of general scientific study methods, as well as comparative legal studies, sociological studies, normative and technical legal analysis, other scientific means, allowing to reveal the main patterns in the development of the practice of the local self-government bodies on normative legal regulation of the issues of social, cultural and economic adaptation of foreign citizens. In the process of achieving research goals the author used empiric and theoretical methods. The empiric methods include studies and generalization of the law-making experience, reports of the Federal Migration Service of the Russian Federation and its territorial divisions, the government bodies of the constituent subjects of the Russian Federation and municipal bodies regarding participation in the implementation of the State Program on Support for the Voluntary Migration to the Russian Federation of the Compatriots Residing Abroad. Among the theoretical methods the study employed analysis, generalization and comparative legal method. The scientific novelty of the study and its conclusions are as follows. Firstly, it is in a complex generalization of the practice of the government bodies of the constituent subjects of the Russian Federation and municipal bodies on normative legal regulation of the issues of social, cultural and economic adaptation of the foreign citizens. Secondly, it is in the development and substantiations of the recommendations of the author on the further improvement of the work of the municipal self-government bodies in the sphere of relations among the nations.

Keywords: municipal norm-making, interaction, municipal self-government bodies, municipal legal acts, migration, adaptation, foreign citizens, human rights, employment, permit to work.

Abstract: The article concerns the ideas of one of the renowned modern German philosophers J. Habermas (born in 1929) regarding the definitions of citizenship and national identity .J. Habermas was always interested in the issues of cultural influence of the national identity upon the development of specific states. J. Habermas is trying to analyze how the globalization processes influence the social living factors, such as legal security, sovereignty of a citizen, collective identity in a society, and democratic legitimacy of the nation states. As a result of analyzing the ideas of J. Habermas, the author draws a conclusion that J. Habermas unilaterally supports the universalist understanding of liberal principles. In his opinion the identify of a political community is based on the “legal principles rooted in a political culture, rater than special ethnic and cultural form of life in general”. The political practice of a democratic states does not allow for the existence of any privileged cultural form of life in a state.

Keywords: political science, J. Habermas, citizenship, national identity, state, liberalism, legitimacy, sovereignty, law, globalization.

Abstract: The article provides a definition of legal dogmatics. The author points out three levels within the structure of legal dogmatics. The first level is represented by the sources and norms of law, by which the contents of law gains defined character and general obligation to comply with it. The second level of dogmatics includes legal constructions and definition, which are common for several branches of law. The third level is represented by the most fundamental legal definitions, constructions and principles forming the basis for the legal system. From the methodological perspective the legal dogmatics may be regarded as an objectivated legal thinking. Unique qualities of the legal thinking are expressed in special legal terminology, legal constructions, definitions and basic genetic structures.

Keywords: jurisprudence, legal dogmatics, legal thinking, legal methodology, theory of law, dogmatic method.

Abstract: In this article the author provides comparative legal analysis of the specific features for conclusion and performance under the bank deposit contract for the natural persons in the Russian Federation. The author names specific features, characterizing the procedure for its conclusion and performance, and the qualities differing it from a analogous contract concluded b the credit organizations with the legal entities. The author reveals the legal nature of the bank deposit contract with natural persons. Additionally, the author substantiates the distinction between the terms of “deposit” and “account”. In the process of his studies the author used general scientific research methods, as well as private law methods: comparative legal method, formal legal method, systemic structural analysis, etc. In the final part of the article, the author proposes the measures for the improvement of functioning of credit organizations, and guaranteeing the protection of rights and lawful interests of depositors. The author expresses a proposal for legislative specification of the period for the bank to pay the deposit to the depositor upon his first demand. Additionally, the author offers to introduce a new type of term time deposit, providing for a prohibition for preliminary withdrawal of a deposit or providing for the payment of the deposit after a certain period of time after the depositor files a demand on a return of deposit.

Keywords: bank deposit, deposit, bank, credit organizations, natural persons, time term deposit, to be called for, types of deposits, return of deposit, insurance.

Abstract: The topicality of the study of a general theoretical category of procedural form of supervision is due to the need for the further scientific studies of the theory of procedural form of legal activities, as well as, to the fact that the modern stage of development of our society requires the procedural regulation of various spheres (forms) of state activities. The novelty of the topic in question is expressed by the very way the problem is stated and its theoretical value, as well as in its practical dimension. The main goal of the study is to attempt general theoretical analysis of the procedural form of supervisory activities of the state bodies in the modern conditions. Following this purpose, the author attempts to solve the following problems: he evaluates the requirements to the procedural form in general and the supervisory form in particular, singling out specific features and principles of the procedural form of supervision, allowing for deeper and more complex study of its nature. When preparing this article the author used various general scientific techniques and means of logical cognition: analysis and synthesis, abstraction, modeling, systemic structural, functional and formal logical approaches. The private law methods are represented by the formal legal analysis, comparative legal analysis, and the method of interpretation of legal norms. As a result of the studies, the author draws certain conclusions and makes certain propositions. In particular, he makes a conclusion that a procedural form should organize supervisory activity in such a way, so the latter would provide the guarantees of attainment of the purposes provided for by the law, it should contain guarantees for the efficient supervision. At the same time, the supervisory procedural form allows for forming a sustainable, reliable normatively defined procedural regime for the efficient resolution of legal cases in order to guarantee legal order and lawfulness.

Keywords: legal process, legal regime, procedural form, supervision, requirements, principles, supervisory process, legal case, state activity, procedural regime.