Abstract: The article highlights the main stages of the formation of the constitutional law school of the Institute of Legislation and Comparative Law under the Government of the Russian Federation from the 30-s years of the 20th century to the present. It is shown that the connection between generations of scientists engaged in the constitutional and legal issues has persisted in the new millennium. The article reviews the main directions of development of constitutional law schools, which include the development of the theory of the Constitution and its interpretation, analysis of the constitutional-legal institutions and norms, comparative law studies of the constitutional development of the modern world. Profile of the Institute as a state scientific institution that provides legal expertise of bills largely determine that the Institute has always paid great attention to the legal regulation of individual institutions of constitutional law. Legal institutions, on which the most attention of scientists constitutionalists was drawn were: Institute of regulation and protection of the rights and freedoms of man and citizen, the institute of electoral law, institute the federal structure, the division of powers between the Russian Federation and its subjects, international relations, municipal law, as well as study of the development of the institutions of constitutional law abroad. Deep and comprehensive research of issues of constitutional and legal spheres, as set out in the fundamental works of the Institute greatly influenced the whole process of formation and development of Russian constitutionalism and the formation of a stable scientific school of constitutional law.

Keywords: school of constitutional law, constitutional process, constitutional-legal institutions, the development of constitutional law, electoral law, the organization of the federal structure, the migration legislation, the institution of municipal law.

Abstract: Article is devoted to features of the principle of separation of powers and checks and balances system in Uzbekistan. It provides an analysis of reforms aimed at progressive implementation of the principle of separation of powers, carried out for this purpose the constitutional innovations in recent years, its nature and importance are disclosed. The author identifies a number of issues that require scientific and practical discussion and deep scientific and theoretical study.

Keywords: the principle of separation of powers, checks and balances system, the legislature, the executive, the judiciary, constitutional reform, strengthening the role and control power of the parliament.

Abstract: This article analyzes the constitution-legal basis of the status of indigenous peoples in Canada: Metis, Indians, Inuit. The legal status of First Nations is comprehensively examined upon a study of the federal legislation of Canada, acts of regional level. The importance of judicial practice in the implementation of the legal regulation of the status of indigenous peoples in Canada is emphasized. Legal approaches on which the identification of status and "no status" Indians is based are investigated. The facts of recognition by the courts of specific groups of the population of the legal status of First Nations, including the grounds of the main activities carried out (fishing) are given. Particular attention is paid to the specifics of legal regulation of the position of metis in the legal system of Canada. The thesis on the impact of the decision of the Federal Court of Ontario in the case of «Daniels» to ensure the constitutional equality of indigenous peoples are formulated. It is stated that the judgment "Daniels" is a sure step towards establishing of an environment based on the principles of respect and recognition of the equivalence of the legal status of the indigenous peoples of Canada.

Keywords: legislation, law, judicial act, indians, inuits, metis, indigenous people, federal court, equality, legal status

Abstract: The subject of this article is the legal status of subjects of law – religious organizations in the Russian Federation and the Republic of Kazakhstan fixed in legal acts of both countries. From the perspective of comparative legal approach the legislation regulating the legal status of religious communities of these countries is studied. After centripetal processes of the 90s. of XX century, following the collapse of the USSR, the desire for integration, not only in the economic sphere, but also in the sphere of collective spiritual safety of the public, which can include religious security is now growing. The fight against religious extremism is the common task of Russia and Kazakhstan, requiring joint approaches in the field of legal regulation of the activity of religious associations. In addition, the relevance of this kind of cooperation for that countries is caused by the presence of historical links between them. On the basis of comparative legal study of the legal status of religious communities in Russia and Kazakhstan, the author concludes that the nature and content of the legal status of religious communities in Kazakhstan as a whole are the same in a similar concept in the Russian Federation. In general, the rights of religious organizations in Russia are broader than in Kazakhstan. This phenomenon, according to the author’ view, is explained as more liberal approach from the part of the Russian state to the activities of religious associations generated by the overall process of the early 90-ies.

Keywords: legal status, rights, duties, law, constitution, religious associations, agreements, international law.

Abstract: The Institute of legislation and comparative law under the Government of the Russian Federation has conducted a study of the legislation of the subjects of the Russian Federation in the sphere of protection of population and territories from natural and man-made emergencies. The analysis of the laws of subjects of the Russian Federation concerning rescue services of the subjects of the Russian Federation and protection of population and territories of the subject of the Russian Federation from natural and man-made emergencies showed that these laws have largely typical defects. The most typical of them are unjustifiable succinctness of regulation or duplication of the provisions of federal laws, at the same time, many of the powers of subjects of the Russian Federation in this sphere are insufficiently determined. Taking into account the results of the conducted study the presented model laws of the subject of the Russian Federation were prepared. The methodological basis of this article constitute a specially-legal (comparative legal, legalistic, and others), as well as scientific methods of research. Legislative bodies of subjects of the Russian Federation have to consider the model law as the recommendation stipulated by the regulatory language which can be used in the improvement of laws of subjects of the Russian Federation. Therefore it should be noted that when model laws refer to the concrete terms, quantitative indices which are directly not provided by the federal legislation (for example, the regulation of additional social guarantees to rescuers), they have to be discussed taking into account specific conditions of the appropriate subject of the Russian Federation. In some cases in the model law some variants of the normative regulation of certain issues are offered.

Keywords: model act, public authorities, emergency, emergency rescue service, the status of the rescuers, the subject of the Russian Federation, the act, separation of powers, local governments, critical facilities.

Abstract: This article discusses the changes in regulation of powers of a legislative nature of the president, which took place in a number of different editions of the Kyrgyz Constitution of 1993 and the 2010. Each of the powers of a legislative nature of the president is studied separately, including the right of legislative initiative, veto on law passed by parliament, the right to adopt decrees having the force of law, and the referendum. The implementation of the said powers of the president in practice and the impact of this practice on the behavior of members of parliament and the development of relations between the president and parliament are studied. The analysis of the features of empower of the president by legislative powers, as well as their practical implementation in Kyrgyzstan is made in relation to the experience of other countries and the specific characteristics of different forms of government are taken into account. During considering each of the legislative powers individually, the recommendations are offered by taking into account the ratio of these powers among themselves and with the authority to determine the composition of the government as a whole. The conclusion of the article: in systems with a popularly elected president, where parliament does not have a decisive say in determining the composition of the government, the presence of the huge powers of the president in the legislative sphere can bring to the strained relations, and even direct conflict with Parliament. If the president is going to affect the legal regulation, the reduction of conflict contributes to preliminary discussions with the president and the parliament of their initiatives.

Keywords: polnomochiya prezidenta, polnomochiya parlamenta, formy pravleniya, prezident i parlament, Konstitutsiya Kyrgyzstana, konstitutsionnye reformy, veto prezidenta, ukazy prezidenta, naznachenie referenduma.

Abstract: In the following article the author introduces the readers to the election systems of the cantons of the Swiss Confederation. The article describes a general characteristic of holding the elections of the supreme elected authorities of the cantons, as well as reveals the features of the election systems of the cantons, which reflect the development and formation of the cantonal authorities of the Swiss Confederation. The election system of each canton is peculiar and deserves special attention and study. Regulation of electoral legal relations in each canton is set independently by the canton. The questions, which have not been delegated to the Confederation by the cantons, are embodied in the cantonal legislation. These issues primarily refer to the order of election of the member(s) of the Council of States, the order of formation of the legislative body of the canton, the order of election of the executive body of the canton, trial court judges, magistrates and local self-government elections where representative body with parliamentary structure exists. During the study of election systems of the cantons the author has added scientific and theoretical analysis by the empirical data, which is provided in the table below. Such a wide implementation of the principles of democracy in the cantons of the Swiss Confederation is one of the most significant characteristics of the constitutional basis of Switzerland. Thus, the federal legislation along with the cantonal legislation places an important role on the principles of democracy as well as on the institutions of representative and direct democracy.

Keywords: canton, electoral law, Landsgemeinde, electoral process, Switzerland, cantonal elections, voting by post, communes, ballot, communal parliament.

Abstract: The subject of this study are historical and legal experience of establishment of a federal form of state-territorial structure (federalization) in more than fifty countries belonging to different legal systems of the world. More than half of these countries are federations at the moment. We investigated the background and reasons, the process of federalization, complex constitutional and legal provisions, what was consolidated the basis of federalism in the federations of the Anglo-American, the Roman-Germanic (including Latin American and the former socialist federations), and Muslim legal systems. As part of a holistic systems approach applied comparative legal, historical, legal and formal-legal methods, methods of system analysis and multivariate determinism in conjunction with the principle of historicism. The study highlighted features of the federalization of each legal system, as well as the general features of the federalization of any state, regardless of belonging to any legal system. The latter include: the need for a set of preconditions which have developed in different areas of public relations; the objective reasons of federalization; the passage of the three mandatory stages of federalization: protofederalizm; constitutional recognition of the federal structure, ways of reconciling the interests, legal dispute mechanisms, the guarantees the integrity of the federation; establishment of the institutions of Federal State on the basis of a written federal constitution which came into force.

Keywords: constitution, federation, federalization, state, theory of law and state, history of federalism, legal systems, comparative law.

Abstract: The legislation and the doctrine of the Russian Federation and foreign countries in the field of "positive" rule-making carried out by bodies of the constitutional control is analyzed in the article. The role of body of the constitutional control as "positive" legislator isn't provided (Austria) in a number of the countries. It is noted that the Islamic states differ in specifics in the considered sphere. Regulations on the Constitutional court of Croatia, Romania, Serbia are interesting for analysis. Except everything in article features of legal regulation of the constitutional control in the Asian states on the example of which it is possible to see or reception of the Austrian model (with categorical denial of a role of judicial precedent, for example in Uzbekistan, Tajikistan), or practical restriction of powers with questions of discharge from a position of the highest officials (Mongolia, Taiwan) or in general total absence of special body as that with assignment of control functions on regulatory authority (China, Vietnam, Turkmenistan) are analyzed. The comparative and legal method, and also a method of the system analysis of the legislation are used for disclosure of the designated problem at research. Complex analysis of the designated problem is investigated for the first time. The analysis of the Russian and foreign experience of "positive" rule-making in practice of bodies of the constitutional control allows to draw the following conclusions. The body of the constitutional control can carry out function of the "negative" legislator, "positive" legislator, and in his activity these beginnings can equally mix up in Russia. In the majority of the countries where judicial constitutional control is used, courts don't act as the "positive" legislator though the relevant decision which the provision of the law is recognized contradicting the Constitution, becomes obligatory. The decision can be applied further by consideration of similar business, but doesn't substitute for itself the law. Activity of the "positive" legislator is carried out restrictedly and as a rule as a result of preliminary constitutional control in the countries with quasi-judicial authorities of the constitutional control function.

Keywords: quasi-judicial authority, bodies of the constitutional control, constitutional court, constitutional council, judicial authority, rule-making, doctrine. Islamic states, constitution, legislation.

Abstract: Research of an estimation of efficiency of formation and functioning of system of executive power on an example of Belarus is conducted in the present article. It is noticed that existence of the effective and centralized system of the government is a necessary condition of preservation of the state sovereignty, independence and territorial integrity by the country. The author allocates a number of the basic criteria of an estimation of efficiency of formation and functioning of executive power system in separately taken state on the basis of the analysis of various indicators of legal, political, social and economic character. It is proved in article that the Republic of Belarus (one of few states formed in territory of the former USSR) has reached outstanding success in construction of effective system of executive power that is supported with a number of criteria of an estimation of efficiency of formation and functioning of executive power system in the country. At the same time, the article analyses some modern internal and external problems in formation and functioning of executive power system in Belarus. The author considers that it is necessary to carry out a number of consecutive actions of political, legal, social and economic character for its solution.

Keywords: executive power; an efficiency estimation; Republic of Belarus; formation and functioning principles, freedom and legitimate interests; problems; aspects; actions.

Abstract: The subject of the article is the legislative experience of some States, regulating relations in the sphere of protection of the constitutional system, judicial bodies and international legal acts. The aim of this work is the identification, scientific understanding and analysis of the formal legal and substantial parties to the constitutional values of protection from unlawful encroachment on the constitutional order of some States. To achieve the goal of the work the dialectical, formal-legal, comparative legal methods were used by the author. The author summarizes the international experience in implementing constitutional values of some foreign States protection from unlawful encroachment on the constitutional order. A number of the provisions of this study can be taken into account in the practical activity of law enforcement bodies. The article analyzes conceptual and doctrinal, constitutional and legal issues in the field of protection of constitutional order of state and characteristics of its regulatory implementation.

Keywords: Protection of the constitutional order of state; restriction of fundamental rights and freedoms of i, society and state; international regulation; legislation of foreign states; unconstitutional activit

Abstract: Throughout the history of colonial Hong Kong state officials were being appointed by the British government. On the eve of the restoration of Chinese sovereignty elections were introduced by British administration as a guarantee of maintaining existing economic and social order of Hong Kong. The ongoing electoral reform involves the introduction of direct election of the Chief Executive in 2017. It is planned to use "electoral filters" (screening procedures), including nomination of candidates by Nomination Committee, and the right of the central government to appoint the elected candidate for the post, which are the subject of research. Author makes a comparative analysis between certain elements of electoral law in colonial Hong Kong and Hong Kong Special Administrative Region of PRC in this paper. Some actual Chinese and English-language sources on the election law in Hong Kong are introduced to Russian readers for the first time. Analysis of the history of Hong Kong's electoral system and reasons for electoral reform indicates adequacy of projected institutions to the local electoral and political culture in its relationship with Chinese national political system and legal order.

Keywords: Hong Kong, Xianggang, China, PRC, screening procedures, election law, elections, electoral system, nomination of candidates, nomination committee.

Abstract: The present research is devoted to the 60th anniversary of China's first Constitution (September 1954). The article presents the characteristics of all Chinese constitutions, including the current Constitution of the PRC of 1982, and examines the impact of domestic policies on constitutional-legal framework of the PRC. The constitutional provisions, adopted immediately after the Xinhai Revolution of 1911, and four constitutions of formed in 1949 the People's Republic of China – in 1954, 1975, 1978 and 1982 are subjected to analysis. A special place is given to the amendments to the current Constitution of PRC of 1982, fixing the term "socialist legal state" and raising the role of human rights institution in the life of society. Special characteristics of the constitutional development of the PRC, which have their own "Chinese peculiarities" are pointed out, a forecast of the constitutional development of the Chinese state in the near future is presented. Article identifies parallels enshrined in the norms of constitutions with the teachings of the great Confucius. The authors place particular emphasis on the influence of the teachings of Confucius in the formation of justice of Chinese lawmaker and its subsequent impact on the rules and regulations fixed in the basic laws of China.

Keywords: Constitution, Confucius, the legal system, legislation, the law of China, comparative law, legal state, the Cultural Revolution, Chinese peculiarities, Xinhai Revolution.

Abstract: In this article analyzes the possibility of improving the Constitutional Court procedure, as well as the possibility of use «amicus curiae» in the Constitutional Court procedure.

Keywords: comparative law, Constitutional Court of Russia, the European Court of Human Rights, Amicus curiae, Constitutional Court procedure, expert examination, third person, supremacy of law, an instrument of civil society, law theory

Abstract: In most countries the decisions of the Constitutional Court is final. Nevertheless, some countries have made provision in its law to review decisions of this body. Taking into account the national legislation the author considers the opportunity to review of decisions of the Constitutional Court of Azerbaijan.

Keywords: comparative Law, Constitutional Court, the revision of decisions, judicial power, justice, legislation, European Convention, European Court, the Constitution, Azerbaijan

Abstract: The article is devoted to poorly studied issues of the origins of Slavonic statehood and law. On the basis of many Byzantine, Arab, Gothic and Slavonic sources the author proves the fact of origin of ancient Slavs from Dacians or Getaes who had been residing in the Balkan peninsula and Central Europe, and reveals the main features and peculiarities of their law and institutions of state. Key words. Origin of ancient Slavs; ancient Slavonic law; Slavonic “White Book”; power of chiefs and priests: Slavonic laws and customs

Abstract: In the article the author considers agreements — concordats of Vatican with the states as a part of the international legislature and a source of the administrative law. The given agreements are considered from the point of view of their correspondence to the signs of the normative agreements (contract). The author states the necessity of using this type of agreements while law regulation of the Rome Catholic Church activity. The concrete cases of applying the given agreements in the countries of the CIS, namely, in the Republic of Kazakhstan, are studied. Key words: concordat, source, administrative law, law regulation

Abstract: The article of the Judge of the Constitutional Court of the Russian Federation deals with the constitutional principles underlying a set of constitutional norms (a kind of a subsystem) based on a concept of «economic Constitution» — a theoretical concept explaining the way the Constitution regulates economic relations by means of differently directed approaches: ensuring freedom of economic activities and allowing state interference in the economy. The author focuses on the elements embracing the idea of economic contents of the Constitution; states the core principle of the Constitution — the principle of the freedom of economic activities revealed in a set of economic rights ensured by the Constitution. The author examines the practical realization of main ideas of the basics of constitutional economic system during 15 years from entering of the Constitution into force: dwells on the interpretation of constitutional principle of equality of admission and protection of private, public, municipal and other forms of property and its fixation within the framework of the Civil Code and other normative acts of the Russian Federation and in practice of Constitutional Court of the Russian Federation. Particular attention is paid to the constitutional principles of social state and rule-of-law state and constitutional aspect of the concept of the law of property on natural resources in the light of their exhaustibility etc. Key words: economic constitution, constitutional guarantees, freedom of economic activities, constitutional principles, law of property, social state, rule-of-law state, Constitutional Court of the Russian Federation Contact the author: Gadzhjev Vugar Advar ogli gadjievv81mail.ru

Abstract: The article deals with certain aspects of the nature of constitutional rights and freedoms of man and citizen in the Republic of Kazakhstan. The author gives their comparative study within the framework of constitutional and other legal provision in force in Republic of Kazakhstan. Key words: comparative law, constitution, rights, freedoms, men, citizen, legal relationships, restrictions, appeal Contact the author: Kakimzhanov Murat Tursinbaevich kakimjanovmail.ru