Abstract: The article is devoted to the constitutional principle of authenticity of the determination of the expression of the will of the people, the author explains the concept of this principle and identifies its specific features. It is noted that none of the principles, which are provided for in the legislation include the constitutional principle of authenticity of expression of the will of the people and there is need to provide for this principle legislatively. The author also mentions the conditions substantiating the need to provide for this principle legislatively.

Keywords: Authenticity, will of the people, constitutional principle, people, expression of will, elections, representation of the people, election principles, power, constitution.

Abstract: The provided article is devoted to the issues of interaction between the Parliament and the Government in Uzbekistan within the framework of the ongoing public law reform in Uzbekistan. Currently the democratic amendments have significantly changed the system of state government, competence and mechanisms of interaction of the supreme government bodies. The new instruments of democratic society administration are introduced, the system of check and balances in the state mechanism is being perfected, the measures are taken in order to optimize the competence of the supreme state government bodies. The studies of the problems regarding interaction between the Government and the Parliament has allowed to single out the following two aspects reflecting the specific features of the relations between the Government and the Parliament. On one hand, it is greater responsibility of executive government bodies, on the other hand it is a growing role of parliament. Having analyzed the amendments in the Constitution of Uzbekistan of the latest years, the author finds the formation of a balanced system of interaction between the legislative and executive branches of power, based upon the specialization of their competence, being limited by the system of mutual control. The study involves both general and specialized methods: analysis, generalization, comparative legal studies, logical legal method, historical method, specific sociological method. The author studies nature and importance of constitutional reforms of 2002-2014, which significantly changed the basis and forms for the interactions between Oliy Majlis and the Cabinet of Ministers. The author presents analysis of the transformation of the relations between the Government and the Parliament, which were reflected in the procedure for presenting the candidature of the Prime-Minister by the party holding parliamentary majority, provisions for the vote of non-confidence to the Prime-Minister, causing the resignation of the entire Government. Within the framework of this issue the author evaluates the transfer of some important spheres of competence from the President of the state to the Parliament and the Government. In order to guarantee efficient interaction between the Government and the Parliament the author substantiates a number of measures, which shall allow to form a balanced system of mutual rights, obligations and responsibility of said bodies, being regulated in much detail. The article also includes propositions for the clarification of status, competence and specific spheres of competence of these bodies based upon the principles of equality and mutual control. In order to achieve optimum correlation between the government and the parliament, their place within the system of state power, it is offered to further strengthen the role of Parliament, to widen its controlling competence. Author also provides some recommendations for the improvement of the mechanism and procedures of resolution of appearing disagreements, rationalization of forms and methods of joint activities.

Keywords: Constitution, Parliament of Uzbekistan, Legislative Chamber, Senate, Cabinet of Ministers, Prime-Minister, vote of non-confidence, program for the government activities, state government bodies.

Abstract: The article concerns formation and development of the institution of self-regulation of entrepreneurial and professional activities in some post-Soviet states, as well as the models of legislative provisions for the statuses of selfregulated organizations. The author studies the experience of Russia regarding introduction of self-regulation in entrepreneurial (professional) sphere in order to avoid mistakes in this direction for the states of the post-Soviet territory. The author analyzes the norms of the Federal Law “On Self-Regulated Organizations” from the standpoint of revealing the defects of the current civil legislation of the Russian Federation. The object of studies includes the problems regarding the provisions for the organizational legal form of self-regulated organizations, their functions and means of protection of compensation funds, proprietary responsibility of self-regulated organizations in the Federal Law “On Non-Commercial Organizations”. Methodology and methods of studies are based upon historical, logical, formal legal, comparative legal methods, as well as the methods of systemic analysis and generalization of normative and practical materials applied within the framework of the dialectic approach towards self-regulation as a legal matter. The article substantiates the need to the need to use the experience of Russia, which was the only state in the post-Soviet territory, which have adopted the framework law on self-regulated organization using new forms of economic regulation, when forming a clear system of self-regulation of entrepreneurial activities in the CIS states.

Keywords: Self-regulation, self-regulated organizations, model legislation, organizational legal form, functions, compensation fund, means of protection, subsidiary responsibility, joint responsibility, city planning sphere.

Abstract: Based upon the dialectic connection between the Russian transportation legislation and the international sources on transportation regulating the responsibility of carrier for causing damage to life, health and property of a passenger, the author evaluates the main means of coordination of these legal systems, such as transformation, incorporation and reception. The author has studied the application of these means to the types of carrier responsibility, maximum compensation limitation sums for carrier responsibility, periods of transportation and grounds for his release of liability. When preparing this article the author used general scientific methods, such as analysis, synthesis, induction, deduction and dialectic methods, as well as specific legal methods, such as comparative legal method. For the first time the issues of harmonization of the Russian transportation legislation and international sources regulating responsibility of the carrier for causing harm to life, health and property of a passengers, as well as means of brining these systems into harmony have became objects of studies. The conclusions involve perspectives of harmonization in this sphere and specific directions for brining two legal systems closer to each other.

Keywords: Harmonization of legal systems, harmonization of legal systems, transformation, reception, incorporation, limitations to liability of a carrier, damage caused to a passenger, damage to property of a passenger, inflation coefficient, revising the limitations for responsibility.

Abstract: The object of this study involves electoral results of the European Right-wing Radical parties since the 2nd half of XX century to the current time. The article singles out both the periods of active growth of popularity of the Right-wing Radical parties, and the periods of consolidation of their support by the electors. While following the statistical results of the ultra-Right-wing parties since 1950s, one may clearly see when the strengthening the Right-wing Radical forces started in the European political arena, how fast it had developed and to discover the periods, when their popularity lessened. Graphic visualization of this process allows to see whether growing popularity of the ultra-Right-wing parties in Europe is a permanent process, or not. In this article using historical and comparative methods, statistical method, the author provides a complex analysis of the results of participation of the Right-wing radicals in the parliamentary elections in the Western and Eastern European state. The author draws a conclusion that the tendency for strengthening of domestic political positions of the Right-wing Radicals in the Western Europe is comprehensive, and it involves more and more states. On the opposite, there is no tendency for the strengthening of the Right-wing Radical parties in the Eastern Europe. In most of the Eastern European states fast growth of popularity of the Right-wing Radical organizations is followed by a fast downfall.

Keywords: Right-wing Radicalism, Right-wing extremism, ultra-Right, Right Radical parties, national front, party of freedom, Swedish democrats, golden dawn, Le Pen, Haider.

Abstract: The article involves analysis of the legal regulation of protection of documented information within the system of internal affairs bodies for the purpose of guaranteeing confidentiality of service information with limited access (service secret). In order to achieve this purpose, the author sets and achieves a number of goals: defining the specificities of documentation turnover guarantees in the internal affairs bodies, establishing role and place of documents containing service secrets, evaluation of the departmental legal regulation of measures taken in order to protect the documents within the system of law-enforcement system of the state, when it implements its main functions regarding fighting crimes and administrative offences, guaranteeing legal order in the state, and managing their activities. In the process of studies the author applied formal legal method and functional method in order to define the interrelations among the legal matters, them being defined by the practical purposes. The author evaluates types of documents used by the internal affairs bodies, offering her own classification of documents used by the internal affairs bodies based upon the functional characteristics. The author singles out various types of threats to documented information within this system, analyzing the record management and measures for the protection of documents containing service secret. She notes that protection and regulation of turnover of electronic documents within the system of law-enforcement bodies is not sufficient.

Keywords: Documents, turnover of documents, limited access information, service secret, threats to service information, protection of information, public law-enforcement service, internal affairs bodies, law, departmental regulation.

Abstract: The object of studies involves the practice of application of norms with estimate standards by the courts of general jurisdiction in the sphere of implementation of punishments. The article provides an evaluation of description of specific estimate terms in the norms of criminal penal law of the Russian Federation. Based upon the information collected by the Kuzbass Institute of the Federal Service for the Execution of Punishments of the Russian Federation in 2013 on the most complicated and debatable issues, the author points out the unity of opinions of the territorial divisions of the criminal penal service system regarding the problem of estimate standards in the Criminal Penal Law of the Russian Federation as an acute and topical one. The courts of general jurisdiction play a great role in the sphere of application of norms of criminal penal law with the use of estimate standards, since they revise the legal practice of the criminal penal system in the process of challenging of specific acts and decisions. In the process of studies the author used theoretical and empiric methods (methods of analysis, generalization, synthesis, deduction, analogy and modeling), as well as formal logical and comparative legal methods. The scientific novelty is obvious, since the study of the problem of estimate standards in the criminal penal law never drew enough attention in the Russian legal science. Concerning the practice of legal application of estimate terms in the sphere of application of punishments by the courts of general jurisdiction with specific examples of specific cases, this is an unique study. The author draws a conclusion that some estimate terms should be excluded from the text of the Criminal Penal Code of the Russian Federation while some times need to be made more specific. It is a positive tendency that the courts (mostly, at the regional level) start to express their opinions regarding various estimate categories more clearly, defining contents of the said terms, including the situation of the absence of legal interpretation on the part of the Supreme Court of the Russian Federation.

Keywords: Estimate terms, court practice, criminal penal law, interpretation of estimate terms, judicial discretion, evaluation criteria, execution of punishments, problems of execution of punishments, Criminal Penal Code of the Russian Federation, criminal penal system.

Abstract: The object of studies involves social relations regulated by the energy service relations, which is one of the main instruments for the implementation of energy saving activities. The author provides analysis of the normative acts in the sphere of energy saving and improvement of energy efficiency, legal practice and doctrinal provisions in this sphere. The goal of the article is to provide a complex analysis of legal relations appearing in relation to the energy service contract. The author studies the legal nature of the energy service contract, defining its direction and its place within the system of civil law contracts. The article involves general scientific and special legal methods of studies, such as systemic, logical, dialectic, historical, structural-functional, formal legal, comparative legal, legal modeling, observation and description, document analysis and other methods of legal cognition. The article offers to regard energy service contract as being a type of service contract provided for by law. The contracts, when the parties aim to achieve redistribution of risks in addition to energy economy, should also be recognized. As for the energy service contracts, one should apply to them both the special norms (as provided for by the Federal Law “On Energy Saving and Higher Energy Efficiency”) and the general provisions on provision of paid services under Chapter 39 of the Civil Code of the Russian Federation, provisions on contracting (within the limits of Art. 783 of the Civil Code of the Russian Federation) as well as the general norms of contract law.

Keywords: Energy saving, energy efficiency, performance contract, energy service contract, object of energy service contract, energy strategy, energy policy, contract for the provision of services, contracting, law on energy saving.

Abstract: The object of studies involves legal norms regulating audit in the modern conditions of introduction of the self-regulation, legislative and judicial practices, as well as conceptual points of views of legal scholars and economists regarding the development of legal regulation of audit. The author studies specific features of provision of other services by auditors and audit organizations with due respect for the specific features of self-regulation. Special attention is paid to the tax consulting, tax reporting and evaluation activities. The author views the specificities of “parallel membership” in self-regulated organizations. In the process of studying the materials regarding the object of studies the author of the article used general scientific methods, such as analysis and synthesis, modeling, systemic approach, dialectic method, deduction, induction. The analysis of the relevant legislative draft makes an author conclude that currently there is a tendency for the artificial narrowing of the various types of services provided by auditors via formation of the additional barriers, leading to the double membership in various self-regulated organizations. Such a double membership results in the need to pay additional membership fees, and the fees for the compensation foundations. The author considers that it shall be a significant burden for the auditors.

Keywords: Audit, auditing activity, self-regulation, membership, self-regulated organization, other services, tax consulting, requirements to membership, evaluation activity, compensation fund.

Abstract: This article is devoted to the evaluation of the modern tendencies in the sphere of legal regulation of international automobile carriage of goods, passengers and luggage within the context of branches in the structure of international transportation law. The latter being a branch of international private law is a complex of legal norms, which are contained in the national legislation, international treaties and customs regulating the obligations regarding carriage of goods, passengers and luggage in the international transportation. The specific feature of carriage of goods, passengers and luggage in the international transportation is the large amount of material legal norms of international character in comparison with the conflict of laws norms, as well as the presence of a wide range of norms of domestic legislation, which are specially formulated for the said purpose. In this article with the help of comparative legal method of studies the authors provide detailed evaluation of the most important sources of international law regarding automobile transportation of goods, passengers and luggage in trans-border communications, including the UNECE Geneva Convention of 1956 on the Contract for the International Carriage of Goods by Road (CMR) and the UNECE Geneva Convention of 1973 on the Contract for the International Carriage of Passengers and Luggage by Road (CVR). The authors consecutively view international norms regulating the legal status of subjects of contracts for carriage by road, the main obligations of the parties to such a contract, responsibility of carrier for non-performance or undue performance of contractual obligations, complaint procedure for dispute settlement, period of limitation, and procedure for the dispute resolution on contracts for the automobile carriage of goods, passengers and luggage. For the first time this article provides a detailed study of the Yalta Treaty of the CIS of 2003 on the interaction among the CIS Member States in the sphere of international carriage of goods by car and the Saratov Treaty of CIS of 1999 on obligatory insurance of passengers in the international carriage by road. Both treaties are regional and they are key factors for the legal regulation of international automobile carriage in the sphere of CIS.

Keywords: International automobile transportation, carrier, sender of goods, receiver of goods, goods, passengers, luggage, carriage fee, carriage contract, international transportation law.

Abstract: The article is devoted to evaluation of interaction and interrelation of the principle of the right for development and the principle of equal rights and self-determination of peoples. The author analyzes the process of formation of the concept of right for development, and the international legal documents reflecting the evolution of this principle. Also the article singles out and describes characteristic features of contents of the right to self-determination and its key elements. The author also analyzes other specific features of these principles. The author holds a study based upon the analysis of the text of the UN Charter, UN General Assembly Resolution, reports of the Working Group on Right for Development and scientific research of the leading specialists in the sphere of international law. Currently the principle of equal rights and self-determination of peoples is one of the most topical principles of international law. However, contents of this principle are often regarded only in combination with the principle of territorial integrity. This article contains an attempt to evaluate the principle of equal rights and self-determination of peoples from a new angle of interaction with the principle of the right for development.

Keywords: Right for development, self-determination of peoples, principles of international law, human rights, collective rights, native peoples, economic development, social progress, rights of the peoples, states.

Abstract: The article concerns the complex of legislative decisions taken in 2014, which were aimed at the reform of the federal constitutional justice. These decisions concern the competence of the Constitutional Court of the Russian Federation, organization of its activities, status of the judges and the procedures for the constitutional judicial procedure (changes in the grounds for refusal to accept the claim, clarification on the periods for various procedural actions, strengthening of written elements in judicial proceedings, etc.). Special attention is paid to the analysis of the issues directly influencing the procedural status of a citizen as a participant of constitutional judicial proceedings providing for the possibility to protect his rights via implementation of this form of judicial power. In the process of studies the author used general scientific (dialectic, systemic) and special (comparative legal, formal legal) methods, allowing to single out the key problems related to the current stage of reform of the constitutional justice and to establish the possible solutions. The article discusses the main directions in the development of legislative regulation of the Russian constitutional justice: guaranteeing it accessibility for the people in order to guarantee protection of their basic rights and freedoms, improvements in the procedural form of implementation of the competence in the sphere of judicial constitutional control, formation of the mechanism for overcoming possible conflicts between the decision of international bodies on human rights and acts of the Constitutional Court of the Russian Federation. The author points out the defects of the current legislation in this sphere (incomplete and unclear norms, possibilities for their ambiguous interpretation, lack of coordination between some legal provisions. And the author offers some legislative measures in order to deal with these defects.

Keywords: Sonstitutional control, justice, claim, court, reform, status, procedure, request, legislation, norm.

Abstract: The object of studies in this article involves the interaction between the Constitutional Court of the Russian Federation and the judicial bodies in the process of protection of basic rights and freedoms. The author evaluates the definition of forms of interaction within two aspects: as an activity for the implementation of the specific area of competence, causing legal consequences for the party to such an interaction (indirect relations) and as means of organization of joint activities of parties within the framework of competence established by law for the purpose of protection of basic human rights and freedoms (direct relations). The article concern two basic forms of interaction between the Constitutional Court and the judicial bodies: decision of the Constitutional Court and constitutional request. The article also concerns the issues of protection of basic human rights and freedoms in the Constitutional Court before the proceedings on a case are completed, as well as the problems regarding contradictions in the positions of the supreme courts. In the process of studies the author employs general and specific scientific methods, such as comparative legal studies, scientific analysis, synthesis. Using these methods, the author made a conclusion that in order to improve efficiency of protection of human rights and freedoms at the stage before the proceedings in a case are completed by the court of general jurisdiction or an arbitration court, there is need to stimulate the court for the use of constitutional request via the relevant motion. The article provides recommendation regarding the contents of such a motion. The author also offers his own option for the solution of the problem regarding contradictions in the positions of the supreme courts via the institution of interaction.

Keywords: The Constitution of the Russian Federation, the Constitutional Court, justice, constitutional request, constitutional claim, human rights activities, rights and freedoms, judicial protection, decision of the Constitutional Court, supreme courts.

Abstract: Significant changes were introduced into the Criminal Procedural Code of the Russian Federation with the Federal Law of December 29, 2010 N. 433-FZ, and they show that the Russian legislator is searching for the ways to form an optimum model for the revision of judgments in the criminal cases, attempting to bring the provisions on the Russian criminal process closer to the generally recognized international norms. Analysis of the Russian pre-Revolution experience is very important for resolving the above-mentioned problem. However, the Russian scientific legal literature does not pay sufficient attention to the institution of revision of judgments, the studies mostly concern the issues of the judicial reform of 1864, there is almost no analysis of the legislation of XV-XVIII centuries. The methodological basis for this article was formed with the dialectic cognition method. It also involved specific scientific methods, such as systemic structural, specific sociological, comparative legal studies. The article shows that the development of the legal regulation of revision of judgments on criminal cases in XV – early XIX centuries has lead to formation and enshrinement of two such forms in the Russian legislation: appeals and revision, and both involved judgments, which have not yet entered into force. However, the situation was ready for the judicial reform and introduction of novel forms of judgment revision, including those involving judgments which already came into force.

Keywords: Criminal judicial proceedings, judicial decision, judgment, challenging the judgments, revision of judgments, appeals, cassation, revision institution, judicial instance, judicial reform.

Abstract: The article concerns topical issues regarding understanding and terminological definition of monarchical constitutionalism in the conditions of Duma monarchy in early XX century. From the standpoint of planetary constitutional process, dualistic monarchical constitutionalism may be regarded as a type of conservative constitutional experiment close to German and Japanese forms of dualistic monarchy, early European monarchical constitutionalism, which was formed in the Empire states with strong monarchical power and authoritarian tradition of the personalization of power. The article reflects specific features of form of government within the context of typology of constitutional monarchies from the standpoint of comparative legal method, revealing the specific features of the dualistic monarchical constitutionalism in Russia in early XX century, the factors of loss of legitimacy and destruction of the government regime and statehood in the Russian Empire. The author used the methods of specific historical, comparative legal and complex analysis of the constitutional and legal acts, results of transformation of the state and legal system of the Russian Empire, as well as constitutional engineering in order to interpret completeness, consecutive and systemic character and efficiency of the constitutional experiment in early XX century. The article provides results of the conservative constitutional experiment in Russia, revealing the key elements of the system of dualistic monarchical constitutionalism from the standpoints of both political legal and systemic methods of analysis. The author defines the concept of “mixed monarchy” in order to evaluate the perspectives of formation and development of a developed form of constitutional monarchy (which was certainly parliamentary monarchy, which served as an ideal for the Russian constitutionalists at the verge of the centuries and in the years of the first Russian revolution) for Russia in early XX century.

Keywords: Dualistic monarchical constitutionalism, conservative constitutional experiment, form of government, typology of constitutional monarchies, basic state laws, the State Duma, the State Council, the Council of Ministers, mixed monarchy, segmented political system.

Abstract: The article addresses its reader to the second half of 1950s – early 1960s, when the general public (most of all, the youth) had the priority in guaranteeing the public security in the state. Based upon the materials of the State Archive of Social and Political History of the Tambov region, central and local Komsomol youth periodicals, the author studied the regional experience in the activities of the brigades for the assistance to militia (brigadmiltsy), voluntary vigilante groups (DND), as well as the groups of young friends of militia (YFM), and comrades’ courts. Much attention is paid to the role of the Communist Union of the Youth in the organization of legal protection. The theory of Komsomol statehood was key to the studies of historical Komsomol issues. Komsomol was regarded as a type of Soviet “Youth Ministry”, a connecting link between the state and the youth. In order to provide an objective evaluation of implementation of an educating function of these law-enforcement bodies supervised by the Komsomol the concept of education of viable generations of I.M. Ilyinskiy was employed. The author notes numerous defects in the regional practice of social law-enforcement associations. Nevertheless, the author draws a conclusion that the said activities had mostly a positive role in two aspects: towards the offenders, and towards the young fighters with the crime. The author points out the topicality of issue of involving the representatives of the general public in the protection of public order in the modern situation.

Keywords: History, youth, Komsomol, militia, brigades for the assistance to militia, DND, young friends of militia, Communism, comrades’ court, crime.

Abstract: The article is devoted to the analysis of the issues of application in the judicial practice of the normative legal acts of federal government bodies, which were not officially registered and made public, since currently citizens, legal entities and public government bodies often fail to pay attention to legitimacy of some normative acts of federal executive bodies, especially those of the Soviet period, when protecting their rights in judicial instances. It becomes especially obvious in the sphere of administrative proceedings and proceedings regarding challenging the activities and decisions of the public government bodies. The author applies the general scientific methods of formal logical, formal legal, comparative and historical legal analysis. The author also involves a generally recognized definition apparatus of the theory of law and constitutional law. In the course of studies the author draws a conclusion that in violation of the provisions of the Constitution of the Russian Federation currently law-enforcement bodies and judicial bodies allow for the application of normative legal acts, which should not be applied due to the direct requirements of the Constitution of the Russian Federation and some normative legal acts regulating the issues of entry into force of the normative acts of federal executive bodies. The said factors significantly lower the level of constitutional protection of rights of participants of legal relations, which should be guaranteed by justice.

Keywords: Law, Constitution of the Russian Federation, the Constitutional Court of the Russian Federation, courts, federal government bodies, law, normative legal act, judicial practice, sanitary-epidemiological legislation, Supreme Court.

Abstract: The goal of the article is to study the legal nature of the energy service contract. It is proven that the energy service contract is not an independent civil law contract. It is proven that generally an energy service contract is not a mixed contract. It is defined that energy service contract is a typical contractual construction. The framework of studies involves the object of studies being legal nature of energy service contract. The immediate object of studies involves civil legislation and theoretical development in the sphere of qualification of civil law institutions. Methodology of studies involves general scientific and specific scientific methods of cognition, namely, dialectic, systemic, formal legal, comparative legal methods. Its practical value involves legal qualification necessary for the correct application of the civil law norms and regulation of relations between the contractual parties. The social consequences involve legal studies of energy service contracts, which shall facilitate institutional development of the energy service activities, as well as implementation of state energy saving policy in general. Authenticity and scientific novelty of this work involve the fact that energy service contract is novel for the Russian civil law, and the author provides a qualification of energy service contract.

Keywords: Energy service contract, direction of the contract, mixed contract, typical contractual construction, civil law norms, legal qualification, civil legislation, novelty, economy of energy resources, object of energy saving contract.