Abstract: The subject of this research is the aspects of the model of welfare state implemented in Spain. The article demonstrates the guarantees of a welfare state set within the constitutional legislation of Spain, as well as within legislation of its autonomous communities. The author examines the content of the concept of welfare state as one of the foundations of a constitutional structure and as a constitutional legal principle. Analysis is conducted on the history of formation of a welfare state in Spain starting from XVIII century – the rule of King Charles III of Spain, throughout the fascist Franco’s regime, and modern time. The scientific novelty consists in designating Spain as a “welfare state” not only in juridical (legislative) definition of a state that enacted and practices welfare policy, but also as a state that has a real, vast number of instruments in addition to just welfare policy. Based on analysis of the legislation, the author makes conclusions on the peculiarities of the welfare statehood of Spain: the system of social insurance is created with the special accent on covering the elderly working population; mandatory medical insurance is enacted mainly for employees in the industrial sector earning wages below a certain level; employment insurance applies mostly to the male workers.

Keywords: Welfare state, Welfare statehood, Constitutional law, Welfare guarantees, Social policy, Social insurance, Pension, Mandatory medical insurance, Social security, Economic model

Abstract: The subject of this research is the distinct specificity of the state registration of rights to real estate and real estate transactions within the Crimean Federal Okrug. The article examines the current legislation in the Republic of Crimea in the area of real estate. A comparison is conducted on the law “On Peculiarities of Regulation of Property and Land Relations in the Republic of Crimea” with the norms of the Federal Law “On State Registration of Real Rights on Real Estate Property” of the Civil Code of the Russian Federation. The author points out specific aspects within the Crimean legislation with regards to state registration of real rights and real estate. The discovered peculiarities are intended to organize turnover of real estate with consideration of the peculiarities that has formed within the territory of the Republic during its time under Ukrainian jurisdiction, and eliminate abuse during the transitional period. In author’s opinion, the experience of delegation of authority to the specially created executive branches of the constituent of the Russian Federation can be implemented in other regions of Russia.

Keywords: Crimean Federal Okrug, Registration of rights, Real estate transactions, Cadastre, Land sale, Limitations, Specificity of legislation, Transitional period, Rosreestr, Rent

Abstract: The subject of this research is the organizational and legal bases of reorganization of the federal branches of executive authority. The author examines various forms of reorganization of the executive branches of government, including foundation, transformation, merger, renaming, abolition, and compares them with the forms of reorganization of corporations. Each form of reorganization is illustrated by actual examples of the changes that have recently taken place within government administration. A special role in this research is played by the President of the Russian Federation in determination of the legal foundation of the functionality of the federal branches of executive authority. Among the main conclusions are the substantiated need to pass a federal law “On Federal Branches of Executive Authority”; formulated legal and political risks of the legal regulation of the systems and structure of the federal branches of executive authority; systematized forms of reorganization of federal branches of executive authority. Another noteworthy conclusion is on the difference between the nature of transformation within corporate structures, and the branches of executive authority.

Keywords: reorganization, transformation, president, government, agencies, services, ministries, executive authorities, administrative reform, legal regulation

Abstract: This article is dedicated to the analysis of the subjective side of a crime and guilt as its central category within criminal-legal and psychological aspects, determination of the controversial questions of the content of guilt and the subjective side, and the correlation between them. The essence of guilt is being examined through such intrinsic components of the inner psychological processes as conscience, will, reasoning, and intellect. The relevance of this research is justified by the fact that these issues are in high demand within the theory and practice of criminal law. The multifacetedness and controversy of the problem of psychological and legal within the content of guilt makes it complex, but at the same time prospective. Without allowing for excessive psycologization of the criminal law, the author nevertheless recommends to devote more attention to the psychological and social nature of the elements of the subjective side. For example, the author proposes a consensus in the resolution of the question of the correlation of psychological and legal in examination of the subjective side of a criminal act by using the psychological and sociological data as the methodological basis of the research.

Keywords: Criminal-legal understanding of guilt, Psychological understanding of guilt, Motive, Intent, Emotions, Conscience, Will, Intellect, Subjective side, Reasoning

Abstract: The subject of this research is the responsibility for violations in the area of illegal prescription drug trade. The object of the research is the legislation of the Russian Federation, which sets the responsibility for violation of any rules in the sphere of prescription drugs. The author turns his attention to the vectors of fight against counterfeit prescription medication on the territory of Russian Federation. The relevance of this research is justified by the statistical data that records a high mortality rate caused by counterfeit medicines, and a very low percentage of indictments. Among the main conclusions are the proposals to systematize the work in the area of toughening the punishment for crimes and violations of manufacturing, sale, or trafficking of fake, counterfeit, and low-grade or unregistered medicines, and trade of medical products and dietary supplements on the territory of the Russian Federation, as well as the demarcation of criminal and administrative responsibility.

Keywords: health, responsibility limits, criminal liability, administrative liability, medecine, drugs, violation of the law, liability, counterfeit drugs, legislation change

Abstract: This article is dedicated to the Russian amnesty as a factor in commission of a crime. The author examines the possibility of this correlation regardless of its realistic degree of incidence. The subject of this research is the ability of amnesties given in the Russian Federation to define commission of a crime, giving a perception of impunity. The goal of this article is to determine the degree of the amnesty’s ability to influence the commission of a crime in this scheme, and propose recommendations for reduction of possible influence of amnesty upon the commission of a crime. The research presents the analysis of the practice of amnesty in the Russian Federation, including bills on amnesty. The author makes a conclusion that the predictability of release through amnesty is rather low, but can still influence commission of crime due to lack of perception of the level of its predictability. The author proposes for the amnesty to cover only the acts that are committed prior to the date on which the text of the bill about amnesty becomes public (for example, the date that the project is introduced to the State Duma), or any other prior date.

Keywords: project of amnesty, category of amnesty, term of announcement, predictability, impunity, commission of crime, factor, bill on amnesty, amnesty, public access to a project

Abstract: In this work an attempt is made to formulate a substantiated approach towards development of a scientific definition of public domain of the basis of management category. The author conducts a critical analysis of the existing concepts that elaborate the content of public domain, and makes a conclusion on the impossibility of applying the classic triad of property rights (right to own, use, and manage) to solve this task. This work proposes to view the management category as the conceptual center of the perceptions of public domain, but without acknowledgement of any type of rights of ownership behind it. The author defends the position according to which the management pertaining to the area of public domain must be perceived within the ontological framework of the phenomenon described using this category, without any kind of speculative limitations justified by the tasks and peculiarities of jurisprudence. From these positions the author substantiates the conclusion that management of objects of public domain within a strict sense of this notion can lie only in the plane of the fact, and not the right. On the contrary, the notion of management in its broad sense, as an activity process that is intended to influence the behavior of people in the sphere of public domain, corresponds with the constitutional legal nature of the phenomenon of public domain and is sufficient enough to reveal the entire multifacetedness of its practical manifestations within juridical practice, and moreover, outside the framework of the traditional triad of property rights.

Keywords: triad of proprietary rights, definition, public authority, public domain, public interests, impact, management, public proprietor, legal being, legal relations

Abstract: The subject of this research is the problems of legal and organizational nature, pertaining to administrative legal regulation of modern economy. The author conducts a detailed theoretical legal analysis of the concepts of legal regulation of economic relations from the position of administrative legal regulation of government and non-government sectors of economy. A special attention is given to development of methods and methodology of administrative legal influence upon economic relations. The article also offers the theoretical legal analysis of the notions of concept of development of law and economy under modern circumstances. The scientific novelty consists in author’s proposals on development of forms and methods of government regulation of economy, as well as creation of legal and organizational guarantees of legality within Russian economy. The main conclusion is that to ensure order in the economic sphere is it necessary to improve the forms and methods of administrative legal effect upon the government and non-government sectors of the economy of the Russian Federation.

Keywords: money, reform, liberal, Russian economy, regulation, economy, doctrine, strategy, development, science

Abstract: The subject of this research is the question of Iran’s nuclear policy. Many analysts that support the theories of realism and neorealism, in their research note that by actively and persistently defending their nuclear program, Iran intends to create nuclear weapons to defend itself in the conditions of tensions in the Middle East. Based on the analysis of actual materials, this article examines the theoretical foundation of these researches. A special attention is given to the facts that cast doubts on the possibility of a military nature of Iran’s nuclear program. The authors meticulously investigates such aspects of this topic as: Iran being among the countries who have signed the Treaty on the Non-Proliferation of Nuclear Weapons (NPT); presence International Atomic Energy Agency’s (IAEA) reports on the lack of science confirming that Iran is developing nuclear weapons; rejection of use of nontraditional military means from the Islamic point of view; Iran’s concentration on traditional methods of deterrence in their military strategy; Iran’s use of their nuclear program for peaceful purposes. The theoretical-methodological foundation of this research is the theory of “Neorealism” and its outlook on “deterrence theory” in the Middle East. The main conclusion is that due to the tensions in the Middle Eastern region, as well as Iran’s geographical proximity to several countries that possess nuclear weapons and animosity towards the United States, the determination of the Islamic Republic of Iran to develop their own nuclear program seems logical.

Keywords: Kenneth Neal Waltz, Middle East, USA, traditional deterrence, nuclear program, Iran, nuclear deterrence, neorealism, realism, IAEA

Abstract: The subject of this research is the concept of “The Responsibility to Protect”, the main positions of which are contained in its primary document – the report of International Commission on Intervention and State Sovereignty (ICISS) (2002). A significant attention is given to such components of the concept “The Responsibility to Protect” as responsibility to respond, responsibility to prevent humanitarian crises, and restoration afterwards. Analysis is conducted on the key criteria for forced intervention, including: right authority, just cause, right intention, last resort, proportional means, and reasonable prospects. The scientific novelty consists in the author’s revelation of the fact that this concept laid the foundation for conflict of laws with regards to a number of fundamental norms and principles of modern international law. As a result of the analysis the author comes to a conclusion that the concept of “The Responsibility to Protect” a priori contained a potential attempt to review a number of norms and principles of international law, and revise the positions of the UN Charter and work of this global organization.

Keywords: Unite Nations, UN Security Council, NATO, Responsibility to protect, Legal norm, Criteria, Concept, ICISS, Authority, Proportionality

Abstract: This article examines various legal aspects of the parental responsibility to provide for their underage children. A research is conducted on the historical development of this institution, including determination of the circle of the responsible parties, level of their responsibility and size of the alimony, as well as the conditions under which the responsibility to support an underage child is placed upon a parent. The author notes the similarities and differences on this issue within the countries of Anglo-Saxon and Muslim laws, as well as the Romano-Germanic legal system. The research is conducted on the example of Russian, Algerian, Moroccan, German, and Californian family law. The parental responsibility to support their underage children is an institution that is common to family law of all countries, and has emerged over the recent past. The main distinctions can be found between the countries of Muslim legal system on one hand, and the countries of Roman-Germanic and Anglo-Saxon legal systems on the other. These distinctions are expressed in the inequality of genders (mother and father) with regards to responsibility to provide for their underage children, but at the same time, these differences are rather relative.

Keywords: minors, responsibility, children, parents, support, alimony, law, Russia, foreign countries, family law

Abstract: This article analyzes the original goals and results of the two attempts of constitutionalization of Russia undertaken in 1906 and 1993. Based on these fundamental laws and legal doctrine of the corresponding period, the author demonstrates that the reception of certain constitutional institutions did not result in implementation of constitutional values and principles into the fabric of the state and public life. In author’s opinion, the cause for this lies in the fact that the architypes of Russian authority – the autocracy of the head of state and distinction between the executive and subordinate administration – do not allow to constitutionalize it, which results in only an ostensible constitutionalism. The scientific novelty of this research is the very statement of the question of architypes of Russian authority on the example of analysis of the constitutional texts from the various periods of Russian history. The author comes to the conclusion that in order for constitutionalization of the Russian authority to become possible, it is necessary (based on the axiological understanding of constitutionalism proposed by the author) to overcome its architypes and sequentially implement constitutional values into the Russian state law.

Keywords: reception, Constitution of the Russian Federation, Fundamental laws of the Russian Empire, archetype of power, legal consciousness, constitutionalization, human rights, freedom, seperation of powers, constitional values

Abstract: This article examines the history of development of the American statehood, examples of electoral legislation, functionality of the branches of government, as well as other aspects of democratic principles and formation of their own model of government. This work presents the peculiarities of the cultural traditions and legal standards of this North American union. It is noted that namely the advantages of this model of democracy became the cause of a greater global demand for its active export. The American model of democracy has an interesting experience of establishment and development of the institution of democratic rule, as well as modernization of the postulates of pluralism of opinions and electoral law. The United States represents a North Atlantic model of democracy, which is rather different in its nature and specificity from the continental Western European model inherent in majority of the nations of “old” Europe (excluding the United Kingdom). Comparison of the North Atlantic and continental models of democracy allows us to reveal the special aspects of institutional design and functionality of all elements of the American democratic system, including useful experience that can be adopted on the Russian soil.

Keywords: politics, society, USA, geopolitics, international systems, state, democracy, interests, values, security

Abstract: This article is dedicated to the purpose of criminal procedure. The author presents the history of the development of theoretical substantiation of the purpose of criminal procedure in the pre-revolution and Soviet periods. The article delivers the analysis of the normative regulation of the tasks of criminal procedure during the pre-revolutionary and Soviet periods. The transformation of theoretical substantiation and legal support of the purpose of criminal procedure is offered through the prism of socio-political context. The work provides periodization (highlighting two stages) of the development of theoretical perceptions and legal support of the purpose of criminal procedure during Soviet era. The scientific novelty consists in the author’s attempt to present the trends of development of the theoretical substantiation, as well as the legal support of the purpose of criminal procedure, the content of which (in the author’s opinion) is affected by the socio-political context. As a result of the research, a conclusion is formulated that the Soviet theoretical and legal understanding of the purpose of criminal procedure was taking shape towards the end of the 1950’s.

Keywords: pre-revolutionary criminal procedure, private aspect of purpose, public aspect of purpose, purpose of criminal procedure, criminal procedure history, criminal procedure, justice, legislation, Soviet criminal procedure, criminal procedure reform

Abstract: This article is dedicated to the issue of definition of the notion of “low significance” during qualification of actions in accordance with the Article 305 of the CCRF. The work presents the main scientific approaches towards the definition of the notion of low significance, and offers the analysis of the objective and subjective criteria of low significance. In this research the criteria of low significance is being reviewed in relation to criminal acts of judges in rendering an a priori unjust judgements. Such criteria do not have legislative framework, allowing the law enforcement to resolve the issue of whether or not a crime has been committed on a case-by-case basis, which in turn creates controversial situations and ambiguity of the practice. The scientific novelty consists in the author’s attempt to define precise criminal legal criteria that would allow distinguishing between commission of a crime by a judge, which manifest in rendering an a priori unjust court decision, from instances when similar actions are not criminal, and will result only in disciplinary measures. The relevance of this research consists in the possibility of using the results of this work by law enforcement in discovering latent crimes by judges (rendering the a priori unjust rulings).

Keywords: Russian Criminal Code, justice, criteria, crime, act, definition, low significance, criminal law, judge, public danger

Abstract: The subject of this research is the ideas of national unity expressed in the work of the great Russian poet Alexander Sergeyevich Pushkin. The goal of this work is to analyze the creative and scientific-historical works and personal sources (correspondence) in order to determine the positions of the writer with regards to the issues of national unity and counteraction of the centrifugal trends within the history of Russia, and the Russian Empire contemporary to Pushkin. A special attention is given to sources such as the poems “To the Slanderers of Russia”, “The Anniversary of Borodino”, “Poltava”, historical essays “Notes on Eighteen-century Russian History”, “Essays on the History of Ukraine”, as well as his correspondence with Pyotr Vyazemsky. The scientific novelty of this research consists in the presentation of the problem and the use of materials that virtually have not previously been implemented in the research on the history of education on law and state. This work allowed making a conclusion that Alexander Pushkin in his works of various genre has systematically established a precise position on the issue of the need to ensure national unity in Russia.

Keywords: centrifugal tendencies, Ukraine, Poland, sovereignty, Russian statehood, territorial integrity, state unity, Pushkin, separatism, state crime

Abstract: The authors set a task to determine the place and the role of the urban development regulation in determining the legal regime of land. The article presents evaluation of the elements of the legal regime of land lots in their interconnection, and detects the circumstances that prevent the determination of the legal regime of land on the basis of urban development regulation. The authors examine the designation of limitations of use of land lots and objects of capital construction that are intended to define a significant part of their legal regime. An analysis is conducted on the organizational-legal origins of development and enactment of urban development regulations with regards to land lots that are not attributable to the categories of land that belongs to a town. A conclusion is made on the absence of legal mechanisms (means) within urban development regulation for realization of the entirety of norms that define the content of the legal regime of land lots. The authors propose ways of improving the legal regulation of the urban zoning with consideration of perceptions on urban development regulation as an element of rules of land use and development.

Keywords: Land lot, Legal regime, Permitted use, Rules of land use, Urban zoning, Urban development regulation, Real estate, Limitations, Territorial zone, Rules of development

Abstract: This article examines the relevant issues pertaining to revegetation of agricultural land, melioration, and the legal aspects of land revegetation. The results of the analysis include the peculiarities of the revegetation mechanism, determination of goals of revegetation of disturbed agricultural land, demonstration of gaps in the legislation, and substantiation of the proposal to improve the legislation with specific changes to the current normative legal acts: the law “On the Subsurface”, Urban Development Code of the Russian Federation. The scientific novelty consists in the fact that the author examines the current legislation in the area of revegetation of land designated as agricultural, and proposes ways of improving it, which could be used in further development of land legislation and other scientific research on this subject. The author concludes that one of the key ways to protect and restore the quality of the land is revegetation. The constant changes in agricultural and land legislation require changes in the area of revegetation of land of agricultural designation.

Keywords: Revegetation, Melioration, Agricultural land, Land legislation, Subsurface, Legal regulation, Law, Logging, Lots, Land use