Abstract: The object of studies concerns law and politics and their correlation and interaction. It is established in which conditions law and politics can cooperate successfully as natural allies, being objectively necessary for achieving their common goals. One of the most important conditions is that the politics has to be lawful, it should be based upon law, implemented within the framework of law and by the legal means, not to be abuse of discretion, or voluntarist by nature. That is why, the article provides brief characteristics and definition of definition of legal policy as a special type of state policy, its specific features, functions, principles and purpose. The article also provides specific examples and facts in order to show in which circumstances law and politics serve as antipodes, when their goals contradict each other, rather than coinciding. The methodology of studies is provided by the author from the standpoint of the materialistic dialectics, the author uses general and specific legal cognition methods – historical, logical, formal legal, specific sociological, comparative and systemic. The scientific novelty is due to uncovering the factors and prerequisites for the positive interaction between law and politics, when they serve as allies, and the reasons for their confrontation, when they fail to find the “common ground”, contradicting each other as antipodes. The author draws a conclusion that state policy should first of all be legal, it should function within the legal area, it should be legally formed and based upon law, using legal means. Otherwise, it may lose its legitimacy and transform into the voluntarist acts of the political subjects and of those holding power.

Keywords: law, politics, causes, conditions, interests, combination, conflict, contradictions, interaction, correlation.

Abstract: The object of studies in this article includes the legal norms regulating the grounds for assigning the old age pension within the system of obligatory pension insurance in Switzerland and in Russia. The author establishes that the conditions for provision of this type of pension include a combination of legal facts, being a complicated legal composition. It includes presence of the certain number of years of pensionable service, achieving a pension age, address to a competent body for assigning a pension, and a positive decision of this body, while some of its elements are compared by the author in order to find the possibilities for the improvement of the Russian pension legislation. Comparing Russian and Swiss pension legislation the author uses comparative legal method as the main method for the studies. The author draws a conclusion on the need to provide in the Russian pension legislation the goals for assigning a pension in order to guarantee a retired person a worthy living, definition of years of pensionable service without reference to payment of insurance at the time of work or other paid activities, enlarging the period of childcare which should be included into the years of pensionable service in order to improve the Russian pension legislation.

Keywords: pension, old age pension, pension guarantees, social guarantees, years of pensionable service, pension system of Switzerland, obligatory pension insurance, non-insurance periods, goals of pension guarantees, pensions to working pensioners.

Abstract: The object of studies in this article includes protection of public and private interests in civil law. The author studies the new provisions of the Civil Code of the Russian Federation, which are devoted to the development of the principle of reasonableness and good faith in the activities of subjects of civil law and prohibition of evasion of law. For the first time the norms of Russian and international private law (conflict of laws norms) are analyzed from the standpoint of protection of public interests. In this study the author used the method of systemic analysis, method of formal logic, as well as the method of comparative legal studies. The public law elements in the civil law turnover can be seen for example in the civil law limitations. The norms of the Civil Code of the Russian Federation and other acts of civil legislation allow one to single out the main types of institutional legal limitations to the participants of private law relations: the legal personality of participants of private law relations, turnover capability of the objects of private law relations; proprietary titles of the participants of private law relations to acquire property objects belonging exclusively to municipal and state property and using them; rights to the objects of national value, termination of the proprietary right by forceful seizure of its objects; freedom of contract by establishing the prohibition to conclude a certain type of contracts; an obligation to include certain conditions, contracts, forced termination of contracts; limitations to the entrepreneurial activity by prohibitions in the sphere of competition limitation and abuse of dominant position, et. All of the above, and many other matters show that in all of the above-mentioned spheres the civil legislation should guarantee the balance of public and private interests. This matter requires a balanced approach towards development and application of normative legal acts. There is need for a systematic analysis of public law influence on private law relations, as well as for the improvement of legal mechanisms guaranteeing efficient legal regulation.

Keywords: private law, public law, public interest, lawful interest, ordre public, super-imperative norms, evasion of law, good faith principle, limitations to the civil law turnover, civil legislation.

Abstract: The article is devoted to the specific features of proof in pre-trial proceedings on criminal cases concerning unlawful passing of the state border of the Russian Federation. The author discusses a number of topical practical issues, regarding the elements of crime. He substantiates the statements that the goal of proof in the pre-trial proceedings on criminal cases within this category is formation of the final document of the preliminary investigation, which should be sufficient for the further judicial proceedings on a case. The author provides his own definition of the term “proof in pre-trial proceedings in a criminal case”. The operative investigation practice of the procedural divisions of the border guard bodies proves that the criminal cases initiated due to elements of unlawful crossing of the state border of the Russian Federation (Art. 322 of the Criminal Code of the Russian Federation) form over 50% of all of the criminal cases investigated by the border guard bodies. The proof in pre-trial proceedings on a criminal case is the cognitive process implemented equally by the participants of the judicial proceedings on the sides of defense and accusation, including collection of factual information necessary for the correct resolution of a criminal case, their examination and study for the purpose of making a final decision of a preliminary procedural stage, which is sufficient for the further judicial proceedings on a criminal case.

Keywords: state border of the Russian Federation, due unlawful passing, goal of proof, pre-trial proceedings, terrorist organizations, extremist activities, international contractual registration, migration processes, economic zones, continental shelf.

Abstract: This article contains results of the analysis of some most topical and pressing global problems in the international relations within the context of formation of a new global order based on the multi-polar principles. Among the said problems the author points out chaotization of the international relations and the submersion of the world into the “controlled chaos”, fighting the network forms of international terrorism and political extremism, fighting the production and global transit of drugs, and this problem becomes considerably more topical after the American troops were drawn out of Afghanistan, managing international conflicts. The author pays attention to the fact tat many of these problems are directly caused by the short-sighted policy of the Western global leaders, first of all the USA, who, while following their idealistic pursuit of forming a “democratic world” from Tripoli to Kabul, from Belgrade to Astana by any means, artificially formed, educated, consolidated and armed the forces, which they would end up fighting against at all of continental fronts. The examples of such policy include the tragedies of the Libyan, Syrian, Yugoslavian peoples, who were brought to the civil war, and the situation in Ukraine.

Keywords: international relations, politics, law, global problems, controlled chaos, diplomacy, interests, security, values.

Abstract: The guarantees of international security remain the priority of the global international political process. At the same time contradictions in the processes of globalization, as well as the new forms of spreading the geopolitical influence by economic, technological, cultural and other expansions, cause the mutual dependency of the key actors in the international relations upon each other. One of the characteristic examples of this situation is technological dependency of the leading states on the USA in the spheres, such as consumer software, IT solutions, production of the semiconductors, as well as wide spread of the GPS services around the world. In this respect the Global Navigation Satellite System (GLONASS) is of special interest for the successful functioning of the global checks and balances system, in addition to keeping a large missile and nuclear potential. It is the only direct analog to the GPS. In the far perspective one may expect also the European project “Galileo” and the Chinese “Compass” project. The methodological basis for this study was formed by the political neo-realism paradigm from the standpoint of guarantees of national security of the state and relevant international activities by exploitation and use of the GNSS. Speaking of the main conclusions of the study, it seems obvious that confrontation of the key power centers in the framework of the global political process did not vanish. In the context of development of the GNSS and the competition among their developing states for the frequency spectrum, it becomes especially obvious. However, while the technological contours of GPS, Galileo and Compass remain closed, Russia purposefully partially opens the contour of GLONASS to other states, such as India, providing for the continuous and sustainable quality, as no other state does. It should be regarded by the consumer states for navigation services as the proof of reliability of the Russian partner, and factor for the guarantees of international security in general, being an important element of the global checks and balances system against the domination of the USA.

Keywords: global international process, international space law, system of international security, national security, GLONASS, GPS, Galileo, Compass, international relations, national interests.

Abstract: The article contains analysis of the role of controlled chaos technologies in the formation of the image of the multi-polar world and re-formatting of the modern system of the international relations, which in turn submerges into anarchy, to which the American constructivists pointed out previously. In this context the author studies the topical issues of formation of the modern global order, and the problems of transition from the unipolar world to the multipolar world. Taking an example of the color revolution in Ukraine, which was also called the Euromaidan, the author studies the issues of the essential applicability of the Anglo-Saxon technologies of controlled chaos for the dissembly of the political regimes in the CIS territory in the interests of “democratization” in its North American understanding. The author substantiates the conclusion that the modern global structure is rapidly changing and transforming before our very eyes, making us participant observers of this process. At the same time the current political reality is to greater and greater extent of global political instability, which the world has fallen into due to the erosion of the Westphalia system. The article contains recommendations for the stabilization of the political situation in Ukraine taking into account the modern methods of counteractions against the color revolution and controlled chaos technologies.

Keywords: international relations, law, foreign policy, geopolitics, political stability, diplomacy, state, interests, values, security.

Abstract: The article concerns the issues of main categories and mechanism for the regulation of currency relation by the norms of the Russian legislation. The existing system of Russian normative legal acts is a legal mechanism for the regulation of currency relations of dual functional purpose. Firstly, it serves a statistical function, providing for the existing complex of currency relations. Secondly, it has a dynamic function, by which it provides prerequisites for the further development and transformation of this complex, that is the possibility for changing it. The currency legislation is the first structural element of the mechanism of currency regulation, and it serves a regulatory function in this mechanism. The currency relations as a second structural element of currency regulation are not uniform, they have a logical formation system, including subjects, objects and currency operations, that is, the acts which the subjects of currency relations may undertake towards the objects. The regulatory influence of the currency legislation upon the currency relations is implemented in various forms (orders, permissions and prohibitions, currency control, responsibility of subjects of currency regulation for the violation of the currency legislation, which may be regarded as the third structural element for the mechanism of legal regulation. In the article with the help of comparative and formal legal methods of studies the author provides a detailed analysis of norms and mechanisms for the legal regulation of currency relations in the Russian legislation, as provided for by the Federal Law ‘On Currency Regulation and Currency Control” of 2003, other laws and bylaws. Analysis of the norms of Russian legislation allows the author to state that currency regulation and currency control as elements of the regulating mechanism objectively facilitate and support balanced capital flow in the national economy, and, therefore, achievement of the sustainable functioning of the banking system, through which the movement of financial resources is really implemented. The currency operations form an important element of currency relations as a structural element of currency regulation, being a complex of activities of resident and non-resident entities, which are performed with the currency and security, usually in the form of various deals. Their fundamental characteristic feature is movement of currency and securities via transfer of proprietary title to them and (or) their physical movement. All of the currency operations may be classified based upon the three grounds: their contents, their forms, subject elements.

Keywords: currency regulation, currency legislation, currency control, currency relations, foreign currency, foreign securities, currency operations, residents and non-residents, foreign currency bank account, movement of currency values.

Abstract: The status of the plenipotentiary member of international and intergovernmental organizations is provided solely to the states. However, as a practical matter the issue of membership of a state in the international organizations is a complicated one, since it may sometimes be disputed whether a certain subject of international law is a state, therefore, having a right to be a member of a certain organization, and there also may be a problem regarding succession and transformation of states. The author studies these issues and problems, taking examples of membership in various international organizations, first of all, the UN. The article also concerns the issues of new members entering international intergovernmental organizations. The author also studies the issues of new members entering the international intergovernmental organizations, as well as some issues of equality of rights of member states of various organizations within the institutional structures of these states. The author provides a number of curiosities from the membership history of the UN, changes in the composition of member states of the UN and termination of participation of states in the UN.

Keywords: state, intergovernmental organization, international organization, the UNO, membership, gaining membership, founding states, exclusion of a state, new members, equality in rights.

Abstract: The article is devoted to one of the topical current issues: correlation of law and politics in the activities of the Constitutional Court of Croatia. The studies of various aspects of the relevant problems is based upon the studies of the constitutional legal status and practice of the Constitutional Court in the Republic of Croatia. Croatia joined the European Union just recently (from July 1, 2013). The date when the mandates of half of the judges of the Constitutional Court of Croatia expires (2015) is drawing near, and the legislation allows the parliament to elect the same persons for the positions of constitutional judges for a new term. In such a situation, it is quite interesting to follow the practical activities of the Constitutional Court in order to establish whether the Court is capable of being sufficiently independent of politics dealing solely with legal matters in the process of constitutional control. In the course of the analysis of constitutional legal status and practice of the Constitutional Court the author mostly used formal legal, comparative legal and statistical methods. The article provides a complex evaluation of the legislative constructions provided in Croatia, which on the one hand are aimed at guaranteeing political neutrality of the Constitutional Court, while on the other hand providing the Court with the possibility to directly interfere in the political discussions. The author drew her conclusions on the correlation between law and politics in the activities of the Constitutional Court based on a number of “headline-making cases”, such as “On Sexual Education”, “On Obligatory Vaccination”, “On Medical Fertilization”, “On Prohibition of Same-Sex Marriages”.

Keywords: Constitutional Court, Croatia, constitutional justice, constitutional control, constitutionality of medical conception, constitutionality of medical fertilization, constitutionality of obligatory vaccination, prohibition of same-sex marriages, discretion of the Constitutional Court, “political issue” doctrine, political character of constitutional justice.

Abstract: The article clarifies the legal status of the higher legislative bodies of the Soviet Russia, their structure, principles of interaction in the legislative sphere, the procedure for the preparation, approval and publication of the legislative drafts in the period prior to the adoption of the Constitution of the RSFR of 1918. The author has analyzed the main moments in the discussion between the party of Bolsheviks and the Leftist Social Revolutionaries regarding the legislative competence of the Council of People’s Commissars, which appeared due to the fact that the legislative policy did not satisfy the party of the Leftist Social Revolutionaries, who joined the Soviet Government in December of 1917 as a result of complicated negotiations with the Bolsheviks. Based upon the study of sources – the Protocols of the Hearings of the bodies of the Soviet Government and their Decrees, the author analyzes and describes the problems of legislative competence of the SPC RSFR in 1917. In the process of discussion between the two parties of Bolsheviks and the Leftist Social Revolutionaries right after the October Revolution the issue of recognizing the legislative competence of the Soviet Government (SPC RSFRS). The Bolsheviks supported the right of the SPC to make laws, while the SRs considered that only the VTSiK and the Soviet Assembly have law-making competence. The victory of the Bolsheviks in the process of voting on this issue in the VTSiK led to the formation of the system of supreme bodies of the Soviet Governent – the all-Russian Soviet Assembly, the VTSiK and the SPC, each of these bodies having legislative competence. The legislative competence of these bodies was provided for in the first Soviet Constitution of 1918.

Keywords: RSFR Government Bodies, Parliamentarism, legislative activities, SPC of RSFR, Russian Communist (Bolshevik) Party, the Party of Leftist Social Revolutionaries, law-making, Lenin, V.I., Trotskiy, L.D., VTSiK.

Abstract: The article provided for the publication is devoted to the studies of the specific features of territorial and temporal application of the judicial reform of 1864. The author pays attention to the various positions expressed by the Minister of Justice D.N. Zamyatnin, of the State Council by the Prince P.P. Gagarin, other public and state figures, and, first of all, by the Emperor himself on the issues of bringing into force of the Judicial Charters of November 20, 1864, these positions were studied by the author in correlation and dependency with other social, economic, cultural, and educational changes, which took place in the parallel with the reorganization of the judicial system in the post-Reform period of XIX century. The article is based upon critical positive analysis of theoretical and practical material, and it follows the logic of the process of introduction of the post-reform judicial institution at the said territorial and temporal ranges. Application of the dialectic method of cognition allowed the author to study the process of destruction of the “old” judicial institutions, formation and development of the post-reform institutions. Application of the historicism principle has provided the possibility to evaluate the process of judicial reform of 1864 within the framework of specific historical conditions of the time. The general scientific methods include analysis, synthesis, deduction, induction, complex, functional and other approaches, allowing for relative distinguishing of introduction of the judicial reform of 1864 into the legal reality of the Russian state as a complicated public law matter as a set of elements of the post-reform judicial system. The article also used special scientific methods, including means and methods, allowing to gather, process and generalize the materials from the source basis for the article. The scientific novelty of the article is due to the studies of the process of practical implementation of the judicial reform of 1864. The author has studied the conditions, procedure, and specific features of the territorial and temporal range of application of post-reform institutions. New archive sources are introduced into the scientific turnover. In the process of studies the author provides characteristics of a number of conceptual problems regarding the fundamental aspects of the reforms starting in 1864.

Keywords: judicial reform, ministry of justice, State Council, district court, justices of peace, Emperor, Judicial Charters, local self-government bodies, removability, assigning.

Abstract: The object of studies includes political, legal, social, economic, and criminological aspects of serving punishment in the form of deprivation of freedom by the pregnant women and women with infants at the GULAG institutions. In particular, it includes the political situation at the relevant historic period, causing the regime of repressions in the said correctional institutions; normative legal status of the said category of convicts and their children, who were kept together with their mothers; statistical data for pregnancies and childbirth; number of children held in the GULAG institutions, rate of illnesses and death there; analysis of the official archive documents and commentaries of participants of the process of implementation of punishments in the said institutions. The methodology of studies was based on the use of general scientific methods (induction, deduction, etc.), and special legal methods and means of scientific analysis (retrospective and statistical analysis, documental, comparative legal analysis, etc.), as well as the studies of the previously used normative legal acts, officially published interviews, other primary sources for the information. The article contains a scientific study of the problem of serving punishment by the pregnant women and women with infants at the GULAG institutions. The scientific novelty of the work is obvious, since this topic is not sufficiently studied both in the spheres of criminology and penal law. The scientific basis for this institution, as well as statistics and materials regarding the topic of the studies were previously top secret, and they show the very strict attitude of the government towards the situation and conditions for serving prison term for the said categories of women and their children. Therefore, the analysis of this problem by the author is a new original scientific “snapshot” of one of the tragic pages of the Russian history in part of penitentiary and criminological policy of Russia of that time.

Keywords: GULAG institutions, convicts, pregnant women, infants, legal status, childbirth statistics, illness rate, death rate of children, medical aid, amnesty, historical experience.

Abstract: This article is devoted to one of the topical issues of inheritance – inheriting the right of a person to participate in commercial organizations. Since most of the commercial organizations in the Russian market are limited liability companies, the article is mostly devoted to the problems of implementation of rights of participants (promoters) of this category of economic entities. In spite of the stability of the legal regime of inheritance, one cannot say that all of the problems regarding the rights of the founders of the LLC may be resolved by turning to the text of Chapter V of Part III of the Civil Code of the Russian Federation. The article involved the methods of systemic analysis, formal logic, comparative method, method of teleological interpretation of the contents of norms of law in accordance with its goals, inheriting the rights of promoters (participants) of the LLC provides for the transition of a complex of proprietary and non-proprietary personal rights, and not just the real rights. While the modern civil legislation of Russia generally denies the principle of interpreting the silence of a person as an act showing his agreement, the claim of a heir to the promoters of the LLC directly without first getting a certificate of inheritance is not prohibited, and it obliges the promoters of the company to either agree or disagree with the claim of the heir. In the opinion of the author the silence of promoters should be interpreted as agreement.

Keywords: inheritance, founder, participant, economic company, commercial organization, LLC, registered capital, testator, corporate law, civil legislation.