Abstract: The article provides the definition of differentiation of legal responsibility, regarding the matter of its types, discussing the problem of its bases. Special attention is given to the goal of guaranteeing the succession of various types of responsibility in law, provision of demarcation lines between them by the law. The author understand differentiation of legal responsibility as establishing its various types (forms) by the law depending on the most typical characteristic features, providing for general characteristics of various groups of offences. The basis for the interdisciplinary legal differentiation is first of all the character of danger of the relevant type of behavior or the character of its public danger, harmfulness. In this respect, there is need to follow certain rules, including succession in the process of interdisciplinary differentiation, including the sphere of legal responsibility. From the “vertical” standpoint, the article singles out the following types of responsibility differentiation of the Criminal Code of the Russian Federation: a) legal; b) interdisciplinary; c) within a single branch of law (criminal law, criminal responsibility); d) institutions of criminal law; e) within a group or sub-group of norms; f) within a specific norm. Within a branch of law, it is acceptable to differentiate among: 1) the bases for legal responsibility; 2) forms (types) of responsibility; 3) amount of criminal responsibility and criminal punishment.

Keywords: crime, other offence, legal responsibility, differentiation of responsibility, characteristic features of differentiation, bases for legal differentiation, classification of responsibility differentiation, interdisciplinary legal differentiation, differentiation of criminal responsibility, criminal legislation.

Abstract: The article concerns the main tendencies of development of the key institutions of the family law and family legislation: marriage, parenting and childhood, guardianship and custodianship, as well as the issues of interaction between general and special civil procedural norms regarding judicial proceedings and resolution of family disputes in courts. The author criticizes the positions of a number of civil law scholars on the civil law nature of family law and legislation. She supports the position of the systemic legislative approach to the definition apparatus of the Family Code of the Russian Federation, including the need to provide definitions for marriage and family. The article includes analysis of constituting elements of marriage and de-facto spousal relations, specific features of legal capacity of a child in a family, as well as the issue of application of the construction of family law responsibility towards it. The author also analyzes the system of family law contracts, and the modern aspects of influence of family law relations and norms on the contents of civil procedural norms, including those within the system of family legislation.

Keywords: family legislation, disciplinary sovereignty, development, tendencies, marriage, family, parenting, parental status, legal obligation, child.

Abstract: Analyzing sub-delegation the authors differentiate sub-delegation as such, when a representative provides its substitute with the competence in order to become a new representative for a represented entity (person), and so-called under-delegation, when a representative assigns a substitute for himself as a representative of a represented entity(person). The article substantiates conclusions that in any type of sub-delegation there is no transition of competence, rather a new competence is formed for performing actions, which were initially entrusted on a party involved in sub-delegation. When there is a sub-delegation as such, the primary competence is terminated, and in the cases of under-delegation it remains after the substitute competence appears. The sub-delegation under p.1 of the Art. 187 of the Civil Code of the Russian Federation in unexpected circumstances is an under-delegation, and both the voluntary representative and the lawful representative may issue competence for the actions within the scope of his original competence. The authors discuss the shortcomings of the current provisions of the Civil Code of the Russian Federation on sub-delegation and make propositions de lege ferenda.

Keywords: competence, under-delegation, substitute, sub-delegation, deal, representative, represented entity (person), warranty of authority, the principle of unacceptability of sub-delegation, transfer of competence.

Abstract: Amendments into the inheritance law of China, which are currently being introduced, are due to the need to change the native concept of inheritance and to develop legal science on inheritance. The amendments are introduced based upon the improvement of the existing civil law provisions for the sake of achieving harmony and integration of inheritance procedure, they correspond to the expectations of the people in the issues of inheritance. The structure of the inheritance procedure is based upon five elements: general procedure; will, inheritance by law, use of inherited property. Additional rules are also introduced. The legislative draft regarding inheritance improves the legal regulation of will, inheritance by law and use of inherited property, therefore guaranteeing rights and finding compromise in the interests of various people in the inheritance issues. The article concerns the causes for a fundamental change in the norms of inheritance law, the author establishes the goal – to harmonize the legal mechanism for inheritance, as well as the elements of legal regulation of will, inheritance by law, and some other topical issues regarding inheritance law in China.

Keywords: Kitai, nasledstvennoe pravo, nasledstvennoe pravo i grazhdanskoe pravo, sovershenstvovanie, struktura sistemy nasledstvennogo prava, poryadok nasledovaniya, nasledovanie po zakonu, nasledovanie po zaveshchaniyu, rasporyazhenie nasledstvennym imushchestvom.

Abstract: The article includes an attempt to reevaluate the existing legal instruments in the sphere of turnover of electric energy. Since application of the traditional legal instruments for turnover of goods (things) is impossible in the sphere of turnover of electric energy, there is an acute need for the formation of the legal mechanisms, which would fully correspond to the specific legal nature of electric energy. Such a mechanism may be turnover of specific type of rights to electric energy. This conclusion is given detailed basis in this article. At the same time, the author differentiates these rights; he singles out financial and physical rights to electric energy, as well as their specific features.

Keywords: jurisprudence, electric energy, sale, rights, turnover, market, selection, deals, goods, contract.

Abstract: The article is devoted to the systematization of the legal entities in accordance with the Russian civil law, taking into account the nature of the corporate relations. The authors analyze the draft of the Federal Law «On amendments to Parts 1,2,3 and 4 of the Civil Code of the Russian Federation», which was formed based upon the Concept of Development of Civil Legislation.

Keywords: jurisprudence, legal entity, corporate relations, subject of law, corporate organization, unitary organization, commercial organization, non-commercial organization, system of legal entities, draft of changes to the Civil Code of the Russian Federation.

Abstract: The article includes analysis of the correspondence of the Russian criminal and criminal procedural law to the standards of the Council of Europe Convention on the Protection of Children from Sexual Exploitation and Sexual Abuse (2007). The provisions of the Convention against discrimination of children require to guarantee the protection of sexual immunity of all persons under the age of 18. The authors offer to introduce the prohibition for any sexual contacts between the grown-up persons and the underage persons of 16 to 18 years old, if the latter are in vulnerable position. The article includes analysis of the issues, which need to be solved in order to provide rehabilitation for the children victims of sexual abuse, and to provide obligatory medical and social correction for the offenders. The authors offer to introduce a new legal institution into the Criminal Code of the Russian Federation — the obligatory correction measures. The authors also offer to implement into the Criminal Code of the Russian Federation the definition apparatus of the Convention, they analyze other amendments to the Criminal Code and Criminal Procedural Code of the Russian Federation, which need to be accepted In order to comply with the European standards.

Keywords: jurisprudence, sexual abuse, children, child pornography, child prostitution, criminal law, criminal procedural law, victims, seduction, expertise.

Abstract: The article is devoted to the specific features of financing the higher education taking into account the on-going reform in the sphere of education. Much attention is paid to the principle of normative per-capita financing in accordance with the normative standards of spending for the state services in the sphere of education, which may be established per student. It is noted that the transfer of the educational institutions to the per-capita financing is not obligatory, and it is considered to be an efficient management decision, and one of the reasons for the provision of grants to the constituent subjects of the Russian Federation and the municipal units. Additionally, the authors single out the characteristic features of the financial guarantees for the educational institutions. In particular, the authors analyze the provision of subventions to the autonomous and budgetary educational institution for the government (municipal) assignments, bases and procedure for their calculation, as well as for the changes in the amount of financial guarantees for the assignment.

Keywords: jurisprudence, financing, educational institutions, normative per-capita, subventions, subsidies, state, assignment, budget.

Abstract: The article is provided within the framework of scientific work of the Moscow State Legal University named after O.E. Kutafin on the complex character of corporate relations — problems of theoretical studies and normative legal regulation. The article includes systematization of the legal entities under the Russian civil legislation with due attention to the nature of corporate relations. The author also analyzes the draft of the Federal Law «On the Amendments to the Part 1, 2,3, 4 of the Civil Code of the Russian Federation», which was prepared based on the Concept of Development of Civil Legislation.

Keywords: jurisprudence, legal entities, corporate relations, subject of law, corporate organization, unitary organization, commercial organization, non-commercial organization, system of legal entities, draft on amendments to the Civil Code of the Russian Federation.

Abstract: The article is devoted to the issue of acceleration of civil judicial procedure via the study of the civil procedural forms and its structural components. Based on the philosophical views on motion and the constant presence of two opposed matters, which are stability and changeability, the author comes to a conclusion on the natural existence of these factors within the procedural form. Developing this position, the author provides the features, which characterize the procedural form from the point of view of its stability, and she establishes specific qualities, which provide for changeability: flexibility and dynamic character. The author considers that the dynamic character is expressed in the differentiation of the procedural form, which is closely related to the simplified forms of judicial procedure. The author also providers her definition of differentiation of procedural form, and offers the definition for the accelerated judicial procedure, its forms, as well as the definition for the means of acceleration, and their division into general and specific means. Additionally, the author provides for the technological difference of terms of simplified and accelerated judicial procedure, providing the criteria for their distinguishing.

Keywords: jurisprudence, judicial procedure, procedural form, stability, changeability, dynamic character, differentiation, means of acceleration, accelerated judicial procedure, simplified judicial procedure.

Abstract: The article establishes the correlation between the acts on education at the federal level and at the level of the constituent subjects of the Russian Federation. The authors came to a conclusion that the legal collision (conflict of laws) in the sphere of education should be understood as formal contradictions (differences) between two or more legal matters within the objective law, which are based on objective and subjective factors. Having studied the normative legal acts of the constituent subjects of the Russian Federation on education, the authors established the main causes for the collisions, namely — objective and subjective ones, and provided their detailed analysis. The duplication of provisions of federal laws in the legislation of constituent subjects may be regarded as the main reason for such collisions. The authors analyzed the provisions of laws on constituent subjects on education and provided the examples of collisions in this article. As a result of their studies, the authors offer the ways to resolve the conflicts of laws in the legislation of constituent subjects of the Russian Federation, such as norm-making, issuing the conflict-of-laws norms, interpretation, cancellation, judicial review and negotiations.

Keywords: jurisprudence, education, constituent subjects, conflict of laws, collision, laws, duplication, normmaking, citizen, right, language.

Abstract: The author of this article offers an original approach to the topical problems of correlation of civil and arbitration process and establishing their statuses within the legal and legislative systems. The approach includes finding solution in application to each of their particular aspects, such as judicial system, judicial procedure, theoretical legal aspect and systemic legislative aspect. It allows to find the objective prerequisites for the differentiation of civil jurisdiction based on judicial system and procedure, and to establish the independence of the arbitration court procedural form, as well as the lack of necessity to merge arbitration courts and the courts of general jurisdiction and their procedural codes. The author characterizes a number of procedural institutions, such as return of claim, refusal to accept the claim, transfer of the case to another court, within the context of accessibility of justice principle and criteria for its violations. Having analyzed the legal nature of subject-matter jurisdiction of civil cases (between judicial and non-judicial civil jurisdiction bodies), the author came to a conclusion that it is necessary to recognize is as a general term towards the distinction between judicial and arbitration court jurisdiction within the same civil judicial procedure. The author establishes the need to introduce the legislative provisions, which would recognize the differences between the violations of general subject-matter jurisdiction and the violation of jurisdiction between arbitration courts and court of general jurisdiction, and it would allow the court (the arbitration court) to simply transfer the case to the competent court, and to provide for the same rule for any violation of due jurisdiction at any stage of judicial procedure. The appendix to the article includes some proposals for the amendments into the Civil Procedural Code of the Russian Federation and the Arbitration Procedural Code of the Russian Federation.

Keywords: access to justice, differentiation of civil process, judicial and arbitration subject-matter jurisdiction, the “one-stop” principle.