Abstract: Equality of all under the law and in court requires unified application of legal provisions and procedural rights provided for by the law for every person no matter of sex, race, nationality, language, heritage, proprietary and official position, place of residence, attitude to religion, beliefs, involvement in public associations or any other circumstances. The principle of equality, as enshrined in the Art. 19 of the Constitution of the Russian Federation and reflected in the Criminal Code of the Russian Federation and Criminal Procedural Code of the Russian Federation, is interpreted ambiguously in some cases. It causes problems in the sphere of guarantees of the principle of equality of all under law and in court, and substantiation of its necessity and possible solutions are presented in this article. Theoretical conclusions and practical proposals are developed based upon the results of critical analysis of existing concepts and teachings, historical prerequisites, legislative materials, law-enforcement materials and legal interpretations. Analysis of the Russian legislation from the standpoint of the forms of implementation of the constitutional principle of equality has allowed to formulate and substantiate the need to form clear boundaries between the need for additional protection for a person implementing important functions for state and society and to avoid his impunity for the violations of law, to regulate the amount of legal immunity of a certain category of subjects of law proportionately to their service functions. IT shall allow to preserve the meaning of legal immunity as means and guarantees for protection, while not using it for personal privileges, to limit the tendencies for widening the range of persons with special legal status. Since all of the legal immunities are based upon the idea of protection from false accusation, the growth of categories of persons in need of immunity shows that the presumption of innocence, as guaranteed by the Constitution of the Russian Federation to all of the citizens of Russia loses its topicality.

Keywords: Presumption of innocence, principle of equality, constitutional law, international law, Constitution of the Russian Federation, legal immunity, inviolability, criminal responsibility, federal law, jurisdiction.

Abstract: The article is devoted to the studies of influence of the political course as implemented by the leaders of the People’s Republic of China upon the formation of the legal system of the state. The author reveals specific features of lawmaking process in the Chinese state with due regard to the specificities of its political system. Special attention is paid to the legal acts adopted in the period of the reform, which reflect the requirements of the state and political development of the modern China. The author provides practical examples of current Chinese legislation, proving the close c correlation between the statements of the Party and the legal norms. The author shows the political course of the Chinese leaders towards provision of wide law-making discretion to the local government bodies in order to guarantee fast adoption of normative acts in investments and innovations spheres, which are important for the successful economic development of the state. Attention is paid to the party provisions in the sphere of fighting corruption, involvement of highly qualified foreign cadres and the Chinese students, who were educated abroad, into the economic sphere of the country. Conclusion is made on the priority of party decisions over the norms of law, which is a specificity of the modern law of the People’s Republic of China.

Keywords: Law of China, legal system, policy of openness, Chinese legislation, fighting corruption, political reforms, involvement of specialists, Chinese socialism.

Abstract: Based upon the analysis of the recent events in Libya, Syria, and Ukraine the author views the changes in the system of the modern international legal order. Special attention is paid to the issues of transformation of the state sovereignty, changes in the form and character of the modern war, outdating and weakening of the nation-state, growing role of the NGOs in the national and international legal relations, as well as to the problems of preservation of international law as an authoritative system for the regulation of relations in the global arena. The author studies the role of destructive methods and imperialistic interests of certain states in the modern political processes. The general methodological basis for the study is of materialistic and dialectic character, it is manifested by the wish to deal with the political and legal events in their development and mutual connections, turning to their economic fundamentals. In the process of research for this article the author employed problem-categorical approach, allowing to single out the most important elements of the matters, which were studied, he also involved systemic approach, method of analysis and the method of historical political interpretation as a specialized legal method. The article raises the issues, which were not previously objects of complex studies in the framework of Russian political and legal sciences. The study develops the ideas of the leading representatives of the modern foreign political and legal sciences. The author draws a conclusion on the current processes of destruction (fragmenting) of the national legal orders and transformation of the international legal order, pushing the states to the side of this order, making the war between the states the “global civil war”, making public interests (reflecting common interests, interests of a community as a totality) follow the private interests of small social groups. The author establishes the need for the governments of the modern states to support national interests of their states without turning to look at the opinion of the global establishment. The author also supposes that it is possible that several power poles may form within the framework of the new international legal order.

Keywords: Failed states, international law, nation state, civil war, legal order, sovereignty, shadow law, legitimacy, crisis, imperialism.

Abstract: The article contains analysis of pardon in its interdisciplinary and procedural aspects. The opinion is expressed that pardon holds a special place within the system of procedural acts, and that sometimes it does not serve as evidence of guilt of a person in a crime. The author evaluates the possible meanings of pardon in their criminal law aspect within the proceedings in a criminal case. The decree on pardon for the convict does not prevent improvement of the position of the convict, including acquittal. At the same time reversal of a conviction judgment does not require that the decree on pardon of a convict be abolished, since it is adopted for a convicted person, and being secondary to the judgment, it does not have any further special legal standing. There is need for a special pardon procedure for some categories of crimes.

Keywords: Jurisprudence, pardon, mechanism of criminal law regulation, correlation of material and procedural criminal law, President of the Russian Federation, Presidium of the Supreme Soviet of the RSFSR, claim for pardon, claim against pardon, pardon of a suspect, accused, admission of guilt.

Abstract: Currently the scale of illegal turnover of narcotic substances and psychoactive substances in the territory of the Russian Federation poses a serious threat to the health of the nation, social, political and economic stability, security of the state. The growing rate of drug abuse among the population caused the growth of general crime level. The growth of crime rate is not limited to the crimes in the sphere of illegal turnover of narcotic substances, it also involves crimes, which are committed by addicted persons in order to gain money to buy narcotics. The staff of law-enforcement and judicial bodies face difficulties with distinguishing crimes and administrative offences in this sphere. That is why there is a close link between the positive results in the sphere of fighting these crimes and clear distinction of related offences. The article provides criteria for distinguishing related offences under the Russian criminal and administrative law, taking examples of Art. 228.1 part 1 of the Criminal Code of the Russian Federation and Art. 6.16.1 part 1 of the Administrative Offences Code of the Russian Federation. The methodology of this work involves the following research methods: comparative legal, special legal, dialectic, formal logical, structural systemic and analytical methods. The study involves theoretical and practical blocks including analysis of distinguishing related offences on illegal turnover of narcotic and psychoactive substances in criminal and administrative law, as well as analysis of distinction of crimes and offences under Art. 228.1 part 1 of the Criminal Code of the Russian Federation and Art. 6.16.1 part 1 of the Administrative Offences Code of the Russian Federation in court. The author points out that there is need for the Plenum of the Supreme Court of the Russian Federation to provide interpretation on distinction of related offences in its official interpretations.

Keywords: Turnover, drugs, precursors, offences, crimes, elements, criteria, danger, responsibility, counteraction.

Abstract: The development programme concept has appeared rather recently, but the fast growth of range of both donors and recipients of aid, as well as the interest of the global community have proven its topicality. In the late XX there was an extraordinary event. The Russian Federation, which was a successor of one of the largest donors became a recipient. Starting from 1991 Russia has been cooperating with various agencies and specialized institutions of the UN, which provided aid for the development purposes. One of the organizations, which has started to work in Russia rather recently was the UN Development Programme, and starting from 1999 it gained a leading role in restoration of one of the least sustainable regions of Russia – the Northern Caucasus. At the same time UNDP implements the programs for assistance to the Bryansk region, which has suffered as a result of the Chernobyl catastrophe and some projects in the sphere of preservation of the unique biological variety of Russia. This article concerns the key directions of activities of the UNDP in Russia at the turn of the centuries.

Keywords: UN, UNDP, concept, assistance to development, facilitating development, Russia, Caucasus, biological variety, projects, Development Programme.

Abstract: The author shows that from the doctrinal standpoint the legal regulation of foreign investments should satisfy the requirement of balance of public and private interests. This requirement shows the limits to interference into the private relations due to the connections between the state and civil society. International law does not deny this legal position. The state may limit proprietary rights, including the rights of foreigners for the public purposes, which is one of the generally recognized conditions for nationalization. At the same time the public interests should not oppress the interests of private parties, and private party should not be overly burdened due to the limitations of proprietary rights. International law does not prohibit a state, which accepts investment to forcefully seize these investments on the condition that the seizure is not discriminatory and investor gets fast, efficient and adequate compensation. The article includes analysis of the criteria allowing to reveal unlawful seizure of property. The author provides examples of situations, when according to the decision of an arbitration court measures of state regulations are included into the category of indirect nationalization.

Keywords: 160-FZ, international law, foreign investments, state sovereignty, nationalization, expropriation, adequate compensation, indirect seizure, forceful seizure, investment arbitration.

Abstract: The article concerns the issues of evolution of conflict of laws regulation in the international private law of Russia. The author reveals definition, structure and types of conflict of laws norms, pointing out that the definition of conflict of laws is a very important category of international private law in general. Historically, the international private law was based upon the conflict of laws norms, and from the standpoint of legal techniques these are the most complicated norms in the international private law. The totality of these norms applicable for the regulation of private law relations forms conflict of laws law. The conflict of laws norms in the international private laws are the norms of special category, reference norms having 2 specific features. Firstly, the conflict of laws norms do not directly regulate rights and obligations of the subjects of legal relations, they just include the principle based upon which one may choose the applicable law. Secondly, the effect of legal regulation with the use of conflict of laws norms is achieved in combination with the material legal norms, to which they are referring. The author provide detailed classification of types of formulae for attachment of bilateral conflict of laws rules. In the article with the assistance of comparative and formal legal methods of research the author provides detailed analysis of conflict of laws norms in the Russian legislation, as represented by the Civil Code, Family Code and Maritime Trade Code of the Russian Federation. In addition to the norms of national Russian legislation the author provides conflict of laws norms in the international treaties, them being sources of international private law. The analysis of contents of conflict of laws norms in the Russian legislation allowed the author to state that the modern conflict of laws regulation in Russia takes place in accordance with the tendencies of development of the international private law, which may be seen through the prism of the international dimension. The main attachment formulae as applied in the international treaties and regional supranational acts are reflected in the international private law of Russia. The example of this statement may be found in abolishment of the unilateral conflict of laws norms on obligatory written form of an international economic contract, while one of the parties is a Russian legal entity. However, according to the principle of favor negotii, the cumulative conflict of laws norm is introduced, and according to this norm conformity with the law of the state, where the deal was concluded is sufficient for recognizing its legal validity.

Keywords: Conflict of laws norm, conflict of laws regulation, international private law, structure of the conflict of laws norm, attachment formula, volume of conflict of laws norm, attachment of a conflict of laws norm, statute of the legal relation, conflicts of law among the states, classification of conflict of laws norms.

Abstract: The article concerns key directions for the harmonization of international commercial law. The material legal norms regulating economic and commercial relations are more influenced by the unification processes, than the parts of private law dealing with non-commercial activities (personality, real law, inheritance relations). The focus of study is set upon the special value of the principles of freedom of contract, good faith and the institutions of autonomy of will and conflict of laws attachment for the unification of the international commercial law. The author of the article achieves the conclusion on the special role of the principles of institutions, which he has studied, and which are provided for in most of the model documents (the UNIDROIT principles, etc.). The model documents accumulate the key ideas in the modern legal studies, having influence upon the formation of the binding norms and they are often in contradiction with the traditional legal doctrines, such as the “cause of the deal” and “reciprocative performance”. The article includes the study of differentiation of legal sciences, which are centered upon the international private law based upon branches of law (international investment law, maritime law, energy law, international corporate law, etc.). The article contains conclusion that the objects of these sciences are intertwined, and there is a greater level of harmonization in complex legal branches. The author then makes a conclusion that the cause for the greater harmonization in these complex legal branches is greater economic and technological need for it.

Keywords: Conflict of laws attachments, good faith, autonomy of will, international commercial law, international private law, harmonization, unification, UNIDROIT principles, freedom of contact principles, unification processes.

Abstract: The contents and topicality of this article are defined with the growing interest to the issue of the place of underwater cultural heritage within the concept of the world cultural and natural heritage. The object of studies involves the terms of “cultural heritage”, “natural heritage”, “underwater cultural heritage” as provided for by the UNESCO Conventions concerning the Protection of World Cultural and Natural Heritage of 1972 and on the Protection of Underwater Cultural Heritage of 2001. The author finds out that these categories have certain defining criteria, such as importance, origin and authenticity. As a basic method the author applies comparative legal method. For the first time the author provides comparative analysis of the categories “underwater cultural heritage” and “world cultural and natural heritage” based upon a number of defining criteria: archaeological and historical value (importance), degree of value (importance), localization, origin, integrity and authenticity of an object and the temporal criterion. The scientific novelty of the study is due to revealing the common components in the said legal categories. The conclusion is made that the underwater cultural heritage is a part of world cultural heritage of a humanity in spite of its specificities due to localization of objects. It is manifested by a range of common defining criteria for the legal categories of “underwater cultural heritage” and “world cultural and natural heritage”, such as value, origin and authenticity of objects. The author draws an analogy between the role of the world cultural heritage in the development of human civilization and the universal value of underwater cultural heritage, which is manifested in cultural, scientific, technical, economic, eco-biological, social, and geopolitical aspects. Based upon the research the author formulates a conclusion on the need to develop criteria for the cultural, historical and archaeological importance for the objects of underwater cultural heritage in order to improve their protection. The results of studies may be used when developing the cultural criteria for the objects of underwater cultural heritage.

Keywords: Legal protection, underwater cultural heritage, natural monuments, concept, world heritage, authenticity, archaeology, preservation, universal value, UNESCO.

Abstract: The author studies the institution of representative of general public in the qualification boards of judges (QBJ) in Russia. Throughout the period of its existence this institution did not mange to become the platform for the civil participation and the instrument for the protection of the rights of citizens, it just became an imitating substitute. What is the real situation, and how may the imitation problem be solved? This article attempts to provide the answers to these questions. Reorganization of the institution of the representative of the general public in the QBJ mostly involves the normative approach, when the object of amendment involves legal norms. However, this approach can hardly be expected to cardinally change the existing negative practice. The author used sociological approach for gaining data, normative method for analysis of legal acts and actor method for development of the criteria for the civil participation. The institution of the representative of the general public in the QBJ is hardly sufficiently studied. The article provides the data on cadres and legal fundamentals for the work in the dynamics from 2010 to 2014. The said institution is public based upon its functions and it serves as an instrument of public (civil) control. In fact, it is a closed, non-public, and non-influential actor in the judicial community. The goals of expressing the interests of the judges prevail over the expression of interests of the people. The implemented policy involves working with “convenient” organizations, mostly, higher education institutions and businesses, and not the real civil organizations, which was facilitated by the broad interpretation of the term “representative of the general public” and the existing practice. And due attention to the significant changes in the list of cadres for the candidates is necessary for the change. The author offers the criteria for the choice of the representatives of the general public. Since participation of the representatives in the QBJ is one of the types of public control, by supporting rotation of cadres from civil NGOs cultivating such practice, it may be possible to solve the problem of simulation of the civil participation in the activities of the judicial community.

Keywords: Representative of the general public, qualification board of judges, civil participation, public control, institution, public organization, civil control, judicial community, justice, human rights.

Abstract: On January 1, 2013 the Federal Law of December 12, 2010 N. 433-FZ “On Amendments to the Criminal Procedural Code of the Russian Federation and Loss of Effect of Some Legislative Acts (Provisions of Legislative Acts) of the Russian Federation” came into force, and it changed the very basis of understanding of nature, contents and object of cassation procedure, influencing the goals of review of the judgments, which have already entered into force. Taking into account the new interpretation of the object of cassation proceedings by the legislator, the understanding of the goals of revision of the judgments, which have already entered into force also needs to be revised. The methodological basis for the article is formed with the dialectic method of cognition. It also involved special scientific research methods, such as systemic-structural, specific sociological, comparative legal methods. The article substantiates the conclusion that the analysis of legislative novelties involving revision of the judgments, which are already in force show the tendency of bringing the Russian criminal procedural legislation closer to the legislations of the states of the continental legal system. It is manifested by the range and contents of goals of cassation proceedings. They include guaranteeing lawfulness of a judgment, methodological supervision of judicial practice, guaranteeing the uniformity of judicial practice, guaranteeing stability of judgments on criminal cases.

Keywords: Criminal judicial proceedings, revision of judgment, cassation proceedings, supervisory proceedings, object of cassation proceedings, goals of cassation proceedings, lawfulness of a judgment, stability of a judgment, grounded judgment, fair judgment.

Abstract: The article concerns the issues of legal regulation in the sphere of renewable energy resources and environmental protection in the USA. This is a topical issue both for the USA and for the entire world, since the issues of exhaustion of mineral resources and energy carriers in particular are also very topical, so are the issues of environmental protection. Both the USA and most of the Western states started taking the matters of renewable energy resources seriously in 1970s due to the energy crisis. The Government of the USA takes measures in order to stimulate scientific research in the sphere of renewable energy resources, production and use of such energy. The analysis of the US legislation in this sphere allows one to say that the energy policy of this state is aimed at higher energy efficiency and energy saving, development of renewable energy resources. In the last three decades the activities of the federal government in this direction achieved significant results.

Keywords: Energy law, renewable sources of energy, environment, USA, investments, energy efficiency, energy saving, system of credits, energy policy, tax exemptions.

Abstract: The article is devoted to the history of legislation on the judicial system in the second half of XIX and early XX centuries. The Judicial Charters of November 20, 1864 have formed an independent judicial power in Russia. The later legislation has corrected the institutions guaranteeing the independence of judicial power, independence of judges them being bound by law and law alone. The author made a conclusion that a system of legislative guarantees of independence of the judicial power, as provided for in the Judicial Charters was a good one. This conclusion is supported by the changes in the post-Reform legislation on the judicial system. The publication contains analysis of the means for the correction of independence of the judicial power, which allowed to adapt the democratic model of criminal justice to the Russian statehood of late XIX century, which was mostly a feudal one. Much attention is paid to the provisions on guarantees of independence of judicial power, such as impermissibility of exemptions from the judicial competence, judicial competence, impermissibility of provision of the judicial functions to the executive bodies and formation of the ad hoc courts.

Keywords: History of legislation, legislation of the Russian Federation, Judicial Charters, independence of judicial power, judicial system, judicial competence, extraordinary justice, irremovability of judges, disciplinary punishment of judges, criminal judicial proceedings.

Abstract: The article concerns the main directions and criminal law means of implementation of the policy of the Government of the Tsar Mikhail Fedorovich Romanov in the sphere of domestic security of the state (first half of XVII century). The author analyzes the texts of the pledge of allegiance to the Tsar and materials on “Sovereign’s Cases”. Special attention is paid to the practice of revealing, interception and punishment of “undue speaking”. It is noted that the criminal policy of the Government of the Tsar Mikhail Fedorovich Romanov in the sphere of guarantees of domestic security was characterized by the active combination of punitive and prophylactic measures. It was aimed at protection of the fundamentals of the political order and existing power institutions from encroachments upon the political rights of a new Tsar (“wishing to have another Sovereign”, “Searching for Sovereign”) fighting “theft and treason”, as well as protection of “health of the Sovereign”. The practice of fighting the “thieving hordes” was characterized by grave repressions to the leaders and pardon from responsibility for the common participants. After the liquidation of the largest internal anti-governmental armed formations the main efforts were aimed against false royalty, elements of “wishing to have another Sovereign” as expressed by “undue speaking”. In order to characterize some “undue speaking” the new term “humiliation of the royal greatness” appears starting in 1620s. The typical punishment for the “undue speaking” involved physical punishments “beating with sticks” or “public whipping”.

Keywords: Criminal policy, domestic security, history of law, the Moscow statehood, Tsar, cross-kissing, theft and treason, false royalty, undue speaking, punishment.

Abstract: The article concerns specific features of the legislative technique and principles of the law-making in 1920s, such as the influence of Revolutionary ideology and real situation in the sphere of family relations upon the formation of the new Soviet legislation. One of the most typical examples of active participation of the Soviet lawyers, delegates and common people in the law-making process is their participation in the discussion of the draft Code of the RSFR on Marriage, Family and Guardianship of 1926 (hereinafter, the Code). The author analyzed a large amount of stenographic materials of the RCEC, casting light upon the discussion and adoption of the 2nd Code on marriage and family in Russia – the Code of the RSFR on Marriage, Family and Guardianship of 1926. The contradictory character of legislative activities in the mid-1920s was due to the influence of some theoretical ideologists of law, who wished to see the revolutionary character in the novelties in the Russian law as a manifestation of its new historical nature. As the practice of the draft studies of the Code shows, in 1925-26 the workers wishes for the recognition of the de-facto marriage, while the peasants wanted marriages to be duly registered. The main reason for which the Soviet legislators have recognized de-facto marriages in the mid-1920s was the absence of social and legal guarantees for women and children when the marriage was not registered officially.

Keywords: family law, legislative activity, law-making, RCEC, the Soviet Assembly, RSFSR, sociological approach, de facto marriage, registration of a marriage, revolutionary legal conscience.

Abstract: The article is devoted to the topical issues of identification of suspects in the process of investigation and solving of crimes, as well as in investigative activities. Identifying a criminal is an element of the process of investigation, so the measures for his identification should be tactically and logically substantiated. The author states that identifying a criminal is based upon the analysis of the event of crime based upon the combination of circumstances and traces of a crime used in order to establish the external characteristics of a criminal. It is of foremost importance for the forensic identification of a suspect to gather and analyze various information on the suspect in order to identify him based on various characteristics, such as anatomic, general physical, functional elements. When writing the article the author used the methods and methodology of forensic identification of a person based on external characteristics. The methodological basis for the article was found in the classical works on forensic studies and criminal law, polling of the staff of the law-enforcement bodies on relevant issues. Additionally, the author studied scientific works and articles on general theory of forensic studies and forensic tactics. The scientific novelty is due to the fact that a number of theoretical provisions regarding identification of a criminal is being developed in forensic studies and other legal sciences. However, they are not sufficient for the needs of fighting crime at the current stage of society development. The method of description of appearance of a person with words is convenient for the purposes of its distribution among the police officials, since it does not require any special technical appliances. It is undoubted that high rate of results in the sphere of intercepting a criminal may be achieved when the appearance of a criminal is described correctly, since a non-systemic description of the appearance shall not have any positive results. It is undoubted that solving a crime in “hot pursuit” is one of most successful and efficient options.

Keywords: Personality of a criminal, identification, solving a crime, external appearance of a person, searching for a person, personal information, model of a suspect, photo-portrait, external elemtns of appearance, structure of characteristics of a human being.