Abstract: The article is devoted to the studies of development of military criminal and military procedural legislation of Russia of the first quarter of XVIII century. The development of these branches of legislation was due to the fact that the newly formed by Peter the Great in the process of military and military judicial reforms “regular” army, military fleet and military courts have formed principally novel objects of legal regulation, which required issuing a large amount of legislative and other normative act. The situation was complicated by the fact that in the course of preparation of the normative basis for the organization and functioning of the reformed armed forces and military judicial bodies the legislator had almost no opportunity to rely on the national legal experience, since the Russian legal models were either absent, or they did not correspond with the direction of the reforms. When preparing the article the author used the historic, comparative legal, and historical genetic study methods, as well as general scientific methods of analysis and synthesis. For the first time this article includes a comprehensive characteristic of the situation in the Russian military criminal and military procedural legislation at the time of the reforms of Tsar Peter the Great within the context of development of military legislation. For the first time, the author provides for the exhaustive nomenclature of the acts of military legislation of the said period, singling out two stages of its development: the late 1690s to 1700s, and 1710th to the first half of 1720s. It is shown that by the start of 1720s the military law was single out as a branch within the Russian legal system. The author defines the place within the legislative system of the Code of Laws of B.P. Sheremetyev of 1702 and the Brief Articles of A.D. Menshikov of 1706. The author also provides new notes on the contents of the Military Articles of 1714 and the Brief Description of Processes and Judicial Proceedings” of 1712, which were first Russian military criminal and military procedural codes.

Keywords: military criminal reform, military crimes, military courts, Tsar Peter the Great, military law, military procedural legislation, military criminal legislation, Ernst Friedrich Krompein, salvus conductus, public crimes.

Abstract: The article is devoted to the compensation function of law, its definition, contents, implementation, nature, place within the system of functions of law, its correlation with the restorative function of law. The study of the author allows to make a conclusion that the basis for the compensation function of law is the natural purpose of law as an instrument for the restoration of social justice, requiring its permanent character. As a result of the analysis of the means of implementation of compensation function (implemented via compensating protective and regulative legal relations) the author makes a conclusion on the inclusion of the compensation function into the range of secondary naturally legal functions of law The analysis of legal norms guaranteeing the effect of compensation function both in public and private, national and international law. Evaluating the definition, contents, means of implementation and relations between the compensation and restorative functions, the author of the article makes a conclusion on the need to distinguish these functions.

Keywords: compensation function of law, definition, contents, implementation of functions of law, nature of functions of law, system of functions of law, restorative function of law, compensation of damage, compensation, restoration of social justice.

Abstract: Object of studies includes legal positions as a specific legal phenomenon within the Russian legal system. The object of studies includes legal positions of the Supreme Court of the Russian Federation as an independent type of judicial legal position. The studies are based on the attitude towards the judicial legal positions as opinions of legal practitioners, as expressed in the acts of administration of the law. Due to the above, the legal positions of the Supreme Court of the Russian Federation are regarded as opinions of the supreme judicial instance on the issues of application of legal norms, as reflected in the specific judicial rulings specific cases and interpretations of judicial practice. Judicial legal positions are distinguished based on the type of administration of the law. The legal positions of the Supreme Court of the Russian Federation are regarded as one of such types, which serves as a methodological basis for the further studies. Formation of the positions of the Supreme Court of the Russian Federation takes place within the process of individual judicial regulation of disputed relations. Due to the above the legal positions include interpretative provisions, results of overcoming conflicts of laws and gaps in laws, application of principles of law. The positions of the Supreme Court in the Russian Federation in the text of judicial decisions guarantee the transition from the abstract norms to the circumstances of a specific case. By their nature the legal positions of the Supreme Court of the Russian Federation are interpretative, and not normative, which should be taken into consideration when using them in judicial decisions. In comparison with the legal norms the legal positions of the Supreme Court of the Russian Federation serve as additional support for the position of the court, and they cannot substitute for the normative prescriptions.

Keywords: court of general jurisdiction, legal norm, interpretation, individual judicial regulation, legal positions of a court, the Supreme Court of the Russian Federation, judicial legal practice, judicial decision, motivation in judicial decision, position of the Supreme Court of the Russian Federation.

Abstract: The states, which were freed from totalitarian regimes put upon them by a political party or a political leader, aim to find balance between the announced democratic values and accpetable measures of protection of their constitutional order. The constitutional courts, which serve the function of control over compliance with the Constitution by the political parties in their activities, should also facilitate achievement of this balance e. The post-Socialist states of the Eastern Europe are usually regarded as post-totalitarian states, and a number of such states were analyzed in this article. The author used mostly formal legal and comparative legal methods in the analysis of legislation and judicial practice. The court should directly control both the constituent documents and the activities of its members and followers. The indirect influence upon the activities of political party is cast by the constitutional court, when the election disputes are resolved, and constitutional norm control of acts regulating status of parties and other associations of persons, including the procedure for the financing of their activities. These theses are supported by the analysis of the modern legislation and practice of the constitutional courts situated in the former Yugoslavia territory, and results of the analysis are reflected in the article. The author makes a conclusion that in Russia the competence of the Constitutional Court in regard to the constitutional control over the activities of the political parties is much weaker than that of the constitutional courts of the former Yugoslavia states.

Keywords: constitutional court, political party, incompliance to constitution, activities of a party, constitutional control, election disputes, post-Socialist states, former Yugoslavia states, prohibition of a political party, freedom of association, party financing.

Abstract: The article contains analysis of the key existing approaches towards understanding the category “administrative process” (administrative and jurisdictional concept), its correlation with the term “administrative jurisdiction”, and the author also expresses her view on these issues. In particular, she offers her definition of the term “administrative process”, as based on the following elements: administrative process is law-enforcement activity; administrative process regards examination of conflicts (including disputes); the said disputes have administrative legal character; in the administrative process the dispute is resolved by an an independent arbitrator, being either an administrative body or a court; administrative process has certain goal. The author also follows a narrow (jurisdictional) approach towards administrative process, noting that this approach may be called jurisdictional only in combination with the understanding of the term “jurisdiction” as an activity of administrative bodies or court on examination of conflict s(disputes) as a third party with no interest in the outcome of the case. In such a case the entire administrative process should be recognized as jurisdictional, and it becomes synonymous to the narrow approach towards the understanding of the administrative process.

Keywords: administrative process, administrative jurisdiction, law-enforcement activity, conflict, arbitrator, court, administrative body, dispute, procedural norms, coercive measure.

Abstract: The object of studies in this article includes payment for the negative influence on the environment in part of emplacement of industrial and consumption waste. Topicality of the issue is proven by the vast judicial practice, which is quite contradictory, and legislative imperfections in this sphere. The topicality mainly has to do with defining the subject, who is obliged to pay for the negative influence on the environment. Currently, there are two leading positions: either the producer of waste should pay, or a specialized organization arranging its emplacement. The article analyzes several approaches towards defining the subjects obligated to make payments: from the standpoint of the principles of environmental legislation and its spirit, and from the point of view of the transfer of the proprietary right to waste. Based upon these approaches the author offers to amend the Federal Law “On Industrial and Consumption Waste”, providing for the reference to the owner of waste as the party, who has to make the payment, and the amendments should be made into the Federal Law “On Environmental Protection”, referring to payment for production and not the emplacement of waste.

Keywords: waste, emplacement of waste, negative influence, ecology, payment, environment, judicial practice, environmental law, nature management, pollutant

Abstract: In the absence of legal and scientific definitions of compensation payment, the author formulates the characteristic features, allowing to distinguish compensation payments from the other types of monetary social guarantees, as well as from the compensations in other branches of law. The author makes a conclusion that in order for the compensation legal relation to appear, there has to be a primary material legal relation, within which there is an object of compensation, at which the compensation influence is directed. The quality characteristics of a compensation payment presupposes defining the compensated amount of the object of compensation. It is noted that the compensation element includes the need for procedural calculation of compensated amount based upon the sum of compensation object. The author reveals the connection between compensation legal relation and the “primary” material legal relation, within which the compensation object exists. The connection between the legal relations is so substantial, that is allows one to speak of the presence of the legal construction of a legal relation. The primary legal relation may be either a social guarantee legal relation, or a legal relation outside of the scope of legal guarantees. In the first case both legal relations shall be public, while in the second case the one legal relation shall be private, while other would be a public one. The latter option for interaction of legal relations may possible be one of manifestation of the inter-branch integration.

Keywords: compensation relation, legal construction of legal relation, compensation object, compensated amount, compensation payment, “primary” relation, compensated obligation, restoration of proprietary situation, interaction of legal relations, constructive element.

Abstract: The issue of the place of insurance in general, and obligatory social insurance in particular, within the system of law of Russia is disputable, and there is no unified approach in the legal science towards this issue. In the opinion of a number of scholars, such as V. Roik, obligatory social insurance should be singled out as an independent legal branch, having certain elements, such as an object, method, system, principles of legal regulation, etc. However, it should be noted, that the legal relations concerning obligatory social insurance have all of the elements of financial legal relations, which provides for its status as an institution of financial law. The study was based upon the analysis of the legal scholars no role and place of insurance within the system of obligatory social insurance. As the conclusions of this article, the following may be noted: 1. The social insurance law based upon the position of V. Roik, distinguishes the subject element of persons having a right for insurance guarantees within the social insurance system. Therefore, the constitutional principle of equality of people is violated. 2. Financial guarantees of the social insurance system are still partially provided by the federal budget and the budgets of the constituent subjects of the Russian Federation. It should be noted that formation and use of the budget funds is an object of financial law. 3. Insurers in the obligatory social insurance relations shall be state non-budgetary funds, and their finances form part of the budget system of the Russian Federation, being categorized as “federal property”. The budget process and legal regime of federal property fall within the scope of object of legal regulation of financial law. Therefore, the existing system of obligatory social insurance may not be singled out as an independent branch of law, being a complex legal structure, which is regulated by financial law.

Keywords: financial law, obligatory social insurance, law of social insurance, social guarantees, obligatory insurance finances, social protection, social insurance relations, labor law, budget process, obligatory medical insurance

Abstract: The article includes analysis of the novel approaches towards defining “non-material values and personal non-property rights”. The authors offer to use an additional approach towards understanding the nature of non-material values through the structurally narrower individual category – via the definition of personal non-property value. The author evaluates the problem of terminological transformation regarding the definition of non-material values and personal non-property rights due to the amendments into the current legislation. The article includes analysis of various definitions of the said terms. The article also includes definitions of the term “personal non-property value”. Introduction of the definition of personal non-property values allows to deal with lack of clarity as to critical attitude to the “non-material character” of some non-property values, and to find a more appropriate approach towards defining the amount of compensation of moral damage in cases of encroachments upon non-property values and violations of personal non-property rights.

Keywords: non-property values, personal non-property right, compensation of moral damage, life, health, personal dignity, personal inviolability, inviolability of personal life, name of a person, authorship.

Abstract: This article is devoted to one of unresolved problems of legal theory: defining legal nature of public share placement. In order to solve this problem, the author studies four main theories for the legal nature of public placement of shares: investment contract theory, unilateral dispositive deal; theory of bilateral dispositive deal, and the theory of the sales contract, providing evaluation of each of the above-mentioned theories. Within the framework of evaluation of the above-mentioned theory, the author makes a conclusion that the theories of unilateral and bilateral dispositive deals are not viable, and they may not be used for defining the legal nature of public placement of shares. However, the author also makes a conclusion that the followers of both the investment contract theory and sales contract theory provide viable arguments in support of their positions. However, none of these theories may be recognized as universal. Due to the above-mentioned situation, the author offers to use the theory of investment contract of sales contract depending on the purposes for which the shares are acquired by a subscriber.

Keywords: unilateral dispositive deal, investment contract, subscriber, securities issuer, securities, legal nature, public placement of shares, bilateral dispositive deal, share, sales contract.

Abstract: The article is devoted to some specific problems, which exist in the sphere of participation of state and municipal institutions within the system of purchases. The normative basis for the competition procedures in the Russian Federation is formed with the provisions of the Federal Laws of July 21, 2005 N. 94-FZ “On placement of orders for supply of goods, performance of works, provisions of services for state and municipal needs”, of July 18, 2011 N. 223-FZ “On purchases of goods, works and services by certain types of legal entities”, as well as by the Federal law N. 44-FZ “On the contract system in the sphere of purchases of goods, works and services”, which enters into force from January 1, 2014 and it provides for a number of novelties for the participation of state and municipal institutions in the competition procedures. The author analyzes the problems regarding contents of a civil law contract of the budget institution, participation of the state (municipal) institutions in the procedures of order placement, application of the Federal Law “On placement of orders for supply of goods, performance of works, provisions of services for state and municipal needs” to the specific types of purchases, and the author also attempts to provide the possible solutions for the problems.

Keywords: institution, contract, agreement, competition procedures, discussion, sale, rent, problem, efficiency, purchases.

Abstract: The article includes comparative analysis of legal regulation of legal relations regarding purchase by the joint stock company of its emplaced shares in Ukraine and in Russia. Such legal relations are regulated by the legislation on stocks and shares in both states, and while it is titled accordingly in Russia, in Ukraine the purchase of its shares by a joint stock company for remuneration is called repurchase of shares, and two types of repurchases are distinguished: on the initiative of the company (voluntary repurchase of shares) and on the initiative of a shareholder (obligatory repurchase of shares). It is proven in the article that there is theoretical and practical viability for the introduction of the said classification in Russia. Additionally, the author uncovers positive and negative features of legal regulation of the said legal relations in Ukraine and in Russia, proposing the measures to avoid these shortcomings. Finally, the author points out the provisions of the Russian legislation on regulation of legal relations regarding purchase by the joint stock company of its emplaced shares, which it would be worth for Ukraine to use, and which provisions of Ukrainian law could be adopted in Russia. The author also discusses the reforms, which both states should have in order to improve the legal regulation of the relevant legal relations, and to consequently guarantee the level of protection of interests of shareholders and joint stock companies.

Keywords: proportional buyback of shares, methods of buyback of shares, voluntary purchase of shares, purchase of shares, comparative legal analysis, purchase of shares by the company, non-proportional purchase of shares, Ukraine, Russia, stocks and shares legislation.

Abstract: In the enforcement proceedings the bank or any other credit organization usually participate as creditors, parties, performing certain enforcement actions. The bank as a creditor may be brought to civil law responsibility under Art. 1102 of the Civil Code of the Russian Federation for the unjustifiable enrichment and it may be brought to administrative responsibility under p. 3 of the Art. 17.14 of the Administrative Offences Code of the Russian Federation. If the bank is a debtor, it has to pay enforcement fee as a measure of responsibility for the failure to perform the requirements of enforcement documents, and it also may be brought to administrative responsibility under p. 1 of Art. 17.14, 17.15 of the Administrative Offences Code of the Russian Federation and certain provisions of the Chapter 19 of the said Code. It is more convenient for the enforcement officers to use the provisions of Art. 17.14 and 17.15 of the said Code, since the proceedings under this article are performed by the officials of the FSCB of the Russian Federation, and the sanctions are greater than those under Chapter 19 of the Code. Special legislative attention is paid to the responsibility of the banks for the failure to perform their obligations on foreclosure of monetary funds of debtors on his accounts. Part 2 of the Art. 17.14 of the Administrative Offences Code of the Russian Federation provides for strict sanctions for such violations. However, the analysis of statistics and judicial practice showed that this article is hardly ever applied efficiently. The reasons for this situation include failure of the enforcement officers to comply to the norms of procedural legislation and legislation on administrative offences, as well as legislation on enforcement proceedings, failure to comply with the procedure for bringing a person to administrative responsibility, to comply with the procedure for forming the protocols on administrative offences, etc. the FSCB should develop detailed regulations on application of part 2 of the Art. 17.14 of the FSCB and to develop professional skills of its officers in the sphere of administrative and procedural legislation Also the banks may be brought to procedural responsibility for such violations under Art. 119 of the Arbitration Procedural Code and Art. 105 of the Civil Procedural Code (judicial fines) and civil law responsibility under Art. 1064 of the Civil Code of the Russian Federation (compensation of harm). However, efficiency of such responsibility is much less than one of administrative responsibility, especially when it concerns the amount of punishment.

Keywords: bank, credit organization, executive proceedings, creditor, debtor, performing enforcement procedures, civil law responsibility, administrative responsibility, procedural responsibility, judicial practice.

Abstract: The author studies specific problems of legislative regulation of imaginary defense in criminal law of Member States of the Commonwealth of Independent States (hereinafter, the CIS). The author established that there are three main approaches towards its regulation in the legislations of the CIS Member States depending on the type and extent of its regulation. The first approach provides for regulation of the imaginary defense with the general norms of criminal law; the second approach is to regulate imaginary defense with the norms on mistakes in the sphere of circumstances, excluding criminality of an act; the third approach is to regulate imaginary defense with special norms. The author made a conclusion that none of the existing approaches to the regulation of imaginary defense in the criminal law of the Member States of the CIS may be unilaterally accepted as a model for unification of such regulation. The most preferable type of regulation unification by the CIS Member States is systemic use of positive features of all three of these approaches, namely, adoption of norms on causing harm in the absence of guilt (casus); norms on mistakes regarding circumstances, excluding criminality of an act; as well as the specific norms on imaginary defense. In order to achieve complete and systemic regulation of imaginary defense in the criminal law of the CIS Member States, it is also necessary to amend their criminal legislation with the norms on mistakes, including them in the General Parts of criminal codes. Additionally, specific norms on imaginary defense should also be amended.

Keywords: imaginary defense, types of imaginary defense, regulation of imaginary defense, unification of imaginary defense, causing damage without guilt, casus, mistake, mistake in facts, mistake in circumstances, necessary defense.

Abstract: The Constitution of the Russian Federation (Art. 2) proclaims priority of basic human rights and freedoms as a supreme value. In other words, since the modern Russia moves towards formation of the rule-of-law states, the interests of a person and their protection form the center of attention for all the efforts and capabilities of the state and local self-government. According to the Art. 6 of the Criminal Procedural Code of the Russian Federation provides for the protection of rights and lawful interests of persons and entities, who became victims of crime on one hand, and for the protection of persons from unlawful and unsubstantiated accusation and conviction on the other hand, and these are the main goals of the criminal judicial proceedings. The analysis of legislation and judicial practice allows one to make a conclusion that in the cases initiated with private charges include elements of private law, which is initiation of criminal proceedings directly by a victim, and it is necessary to guarantee legal equality of de facto unequal parties of criminal proceedings: inquirer, investigator, prosecutor on one hand, and private accuser on the other hand. However, only the persons and legal entities have private interests. The state and its bodies may not have private interest in participation in criminal proceedings. Being the bearer of the public interest the state, firstly, regulates the relations forming the object of the criminal procedural law via adoption, amendments and additions to the legislation; secondly, the state, as personified by its competent bodies and officials takes part as a subject of criminal procedural relations. These bodies are obligated to work strictly within the legal field and to guarantee lawful interests of persons taking part in criminal processes (that is, the persons having rights an obligations under the criminal procedural law in accordance to their procedural position. Currently, there is a considerable amount of immersion of private elements in the criminal procedural law. At the same time, it is not a complex branch of law, and it does not lose its specificity. Various models of combination of private and public elements in the criminal process do not terminate the obvious fact, that in order to efficiently protect both private and public interests from criminal acts, the public means within the mechanism of criminal procedural regulation have to be applied.

Keywords: public law, private law, legal interest, criminal procedural regulation, assigning criminal judicial proceedings, cases initiated by private parties, criminal prosecution, sentence, victim, crime.

Abstract: The article concerns the history of formation of judicial expertise. The author follows the process of formation of various types and kinds of expertise at the Ancient World and the Middle Ages. The author studies examples of judicial medical, judicial psychiatric, judicial handwriting expertise, and judicial technical expertise of documents, as well as the history of addressing specialists for judicial needs, and the sources on expertise of various types and kinds till the early XVIII century both in Russia and abroad. Special attention is paid to the evolution of judicial expertise due to development of scientific and technical thought, the author discusses specific features of formation and development of toxicological and physicometallurgical expertise, as well as the first methods used for them. Special attention is also paid to the Oriental history of judicial expertise with the use of ancient Chinese sources, which are rather hard to access otherwise.

Keywords: history of judicial expertise, formation of judicial expertise, development of judicial expertise, knowing persons, judicial medical expertise, judicial psychiatric expertise, judicial handwriting expertise, judicial technical expertise of documents, judicial toxicology, physicometallurgical expertise.

Abstract: The goal of the article is to describe historical legal aspects of development of the European space policy. The historical legal aspect of the European space policy includes four stages of development: 1) 1950s – 1964 when the national space programs of the Western European states were formed; 2) 1964- 2003 when the unified European bodies for the space purposes were formed; 3) 2003-2007 when the relations between the European Union and the European Space Agency; 4) 2007 till current period, when the “new European space policy “was formed within the framework of the Lisbon treaty. It should be noted that the Lisbon treaty played a key role in the development of the European space policy, distinguishing it as a separate sphere. The persistent characteristic feature of the European space policy is its direction at the civilian aspects of studies and use of space, and it is only in the late years, when the European space policy started directing more attention towards the guarantees of international and regional security. In the last sixty years there was a colossal development of the European space policy: from the development of space activities at the national level in the Western European states to the formation of the European organization with the special competence in the sphere of study and use of space, which currently holds leading positions in the world, and the ESA has a goal to become an EU agency in the future.

Keywords: the European Union, the European Space Agency, the European Space Policy, the European space law, the Lisbon Treaty, the stages of development, evolution, the ESA, the EU, the ESA and the Russian Federation

Abstract: The article is devoted to the work of the advocacy section, which took place on November 28, 2013 within the framework of the V Kutafin Readings at the Kutafin Moscow Law University. The article provides the theses of speeches of participants of the section, which concerned theoretical advocacy issues, which are of timeless value (such as independence of advocacy, history of advocacy), as well as the topical scientific and practical problems of advocacy in the modern Russia. The author provides the main provisions of the polemics concerning the speeches of the participants, and the main positions of participants to the discussions of the theses. Topicality of the article is due to the fact that the speeches of participants concerned topical issues of modern Russian advocacy, and it also facilitated the discussions of the most topical problems of the modern Russian advocacy practice after the speeches.

Keywords: advocate, advocacy, independence, mediation, speeches, history of advocacy, rights of advocates, fee, entrepreneurship, oratory skill.

Abstract: This publication reflects the main aspects of holding the conference “Kutafin Readings”, the section of civil law. This section was organized thanks to the cooperation with the department of civil law of the Moscow State University named after M.V . Lomonosov and the Department of Civil and Family Law of the Kutafin Moscow State Law University. The section included speeches of the leading specialists in the sphere of civil law, such as the Doctor of Law, Professor E.A. Sukhanov, Doctor of Law, Professor L.Y. Vasilevskaya, Doctor of Law, Professor A.E. Sherstobitov. The young law school lecturers and postgraduate students also presented their reports. All of the speeches were devoted to the topical problems of theory and practice of civil law. The theses of the participants of the conference are results of their studies, which are based upon the system of general and specific legal cognition methods. In their speeches the participants of the conference paid attention to a number of topical problems of civil law, legislation and legal practice on legal entities, proprietary rights and means of their protection, customer protection, contracts of organizations, transportation contracts, inheritance.

Keywords: legal entities, types of legal entities, proprietary rights, object of civil law, relations of organizations, customer rights, insurance contract, transportation contracts, protection of rights, changes in the civil legislation.

Abstract: The V International Scientific and Practical Conference “Constitutionalism and Legal System of Russia: results and perspectives” (the Kutafin Readings) was held at the Kutafin Moscow State Law University on November 27-28, 2013. The section of international law worked efficiently within the framework of this conference. Leading international law scholars from Russia, Bulgaria, Switzerland and Tajikistan presented their theses devoted to the topical problems of international law. A number of issues caused active scientific discussion. The main scientific method, which was used for the preparation of this review, was the analysis of the main provisions of the theses, which were discussed within the work of this section. Many theses of reports were scientifically novel. The speakers discussed the main models of constitutional structure of states and their specific features, mentioned the modern problems in the sphere of application of law of international conflicts in the cyberspace, discussed the situation in Syria in the light of the norms of international law on the use of force by the states in the international relations, revealed the current understanding of state sovereignty, fragmenting of international law, and the contents of jus cogens norms in the result of their interpretation by the international and national courts, noting a number of novelties in the international administration and the need for the theoretical evaluation of other topical problems of international law.

Keywords: international law, legal system of Russia, Constitution, supremacy, responsibility to protect, international court, international security, international control, section of international law, the Kutafin Moscow State Law University.