Abstract: The object of this research is the social relations that emerge in the context of participation of the prosecutor in consideration of civil cases by the courts of appeal, as well as the problematic aspects of the exercise of his powers in consideration of such cases. The author analyzes the essence of prosecutor's participation in consideration of civil cases by the courts of appeal, and the possibility of attributing such participation to one of the forms of prosecutor’s participation in consideration of civil cases by the courts. The subject of this research is the case law materials, legislative norms that regulate the indicated social relations, as well as the developed positions pertaining to the essence and separate aspects of the prosecutor's participation in consideration of civil cases by the courts of appeal. The prosecutor’s participation in the appellate instance has traditionally been the subject of research among legal scholars; this is associated to the specifics of this institution, that incorporates the elements of consideration of cases by the courts of first instance and their revision, which, in turn, generates discussions on the composition and procedure for the exercise of powers of the prosecutor participating in the appellate instance. At the same time, such research mostly dealt with participation of the prosecutor in consideration of criminal cases by the courts of appeal, while the problematic aspects of prosecutor’s participation in consideration of civil cases by the courts of appeal remained virtually unstudied, which defines the novelty of this work. The author formulates recommendations on the amendments to the current legislation on the forms of prosecutor’s participation in consideration of civil cases by the courts and the procedure for participation in consideration of civil cases by the courts of appeal, the implementation of which would allow the prosecutor’s office to achieve the goal of protection of citizens’ rights and optimization of consideration of civil cases by the courts of appeal.

Keywords: state representative, civil procedure, protection of rights, appeal submission, exercise of authority, giving an opinion, form of participation, appellate instance, prosecutor, retrial

Abstract: This article explores the problem of freedom in its social context through the prism of N. N. Alekseev's legal theory – one of the founders of Eurasian philosophy and political science. Out of all Eurasians, he is the most considerable contributor to the development of legal matters. The Eurasian theory of state and law is a unique and highly demanded legal theory. This work focused on the typology of legal relations, rather than the theory as a whole. Such typology gives a new perspective on the problem of freedom in its connection with the value of solidarity; it allows revealing the concept of positive freedom as a balance between rights and responsibilities. If such a balance is achieved, personal freedom becomes the condition for the unity of society, and the unity of society is ensured through protection of personal freedom. At the same time; the unity cannot be understood mechanistically; only organic unity let the members of society develop, so the society remains a unified whole The organic balance between rights and responsibilities, or the universal harmony of legal duties, is an ideal benchmark, which although is not quite achievable in a specific lawmaking and law-enforcement activity, but in approaching it, the state improves itself in consonance with the principle of justice.

Keywords: ideal, conciliarity, eurasianism, solidarity, responsibility, freedom, law, right, legal relations, common good

Abstract: Theoretical and empirical data indicate that along with the philosophy and sociology of law, it is necessary to acknowledge the value and applicability of toolset of the political science of law. It is substantiated that determination of the scientific status of political science of law as an element of general theoretical science of law or an independent science at the initial stage of “testing” its methodological perspectives is not an end in itself. Based on the analysis of sociopolitical practice, national and foreign conceptual ideas, as well as provisions of the effective legislation of the Russian Federation and specifics of its application, the author concludes on the infiltration of politics into the structure of state-legal reality on a deeper level. For increasing the accuracy of the acquired results, the author employs dialectical approach and main logical methods (analysis, synthesis, deduction, extrapolation, etc.), as well as referred to the basic general theoretical principles of jurisprudence, considering the peculiarities of political science knowledge. The author also expresses his opinion on the need for further research in the area of application of political science of law, as well as the prospects and desirable results of its implementation in legal research.

Keywords: jurisprudence, political science of law, political science, politics, law, impact of law, state-legal reality, humanitarian sciences, interdisciplinary research, methodology

Abstract: The subject of this research is the criminal law provisions on notes as a component of legislative technique and their importance for achieving such goals. The author explores the existing approaches towards the definition of the concept and essence of notes, as well as their classification. Special attention is given to the only note from the General Part of the Criminal Code of the Russian Federation – note to Article 73, which pertains to the institution of conviction record. The goal of this work is to determine the essence and importance of the note for the development of criminal law norms dedicated to the institution of conviction record. The methodological framework of this research is comprised on the general scientific methods (analysis, synthesis, comparison), formal-legal and systematic methods, as well as the relevant case law. As a result, the author formulates the definition of the concept of notes, indicates its correlation with the criminal law norm, lists the basic types of notes used in criminal law, and describes their role. The analysis of the provisions of the Article 73 of the Criminal Code of the Russian Federation and the notes to the Article 73 revealed the new problems in legislative regulation of suspended sentence and conviction records, which prompted the author to explore these issues and offer solutions. Clarification is given to the definition of “convicts” provided in the Paragraphs “a” and “a.1” of the Part 1 of the Article 73 of the Criminal Code of the Russian Federation. Substantiation is given to the role of convict record as a separate circumstance that prevents imposition of suspended sentence. The author indicates the fact of various interpretation of the concept of “crimes against sexual integrity of minors” mentioned in the note to the Article 73 of the Criminal Code of the Russian Federation and in the construct of the qualifying element for a number of offences of the Article 18 of the Criminal Code of the Russian Federation, as well as substantiates inexpediency of unification of this definition. The scientific novelty consists in proposing the new wording for the purposes of the Article 18 of the Criminal Code of the Russian Federation, which the author believes should be enshrined in the new note to the Article 131 of the Criminal Code of the Russian Federation.

Keywords: sexual integrity of minors, crimes, the condemned, conditional sentence, criminal record, legal rule, criminal law, legislative technique, note, sexual freedom of minors

Abstract: The subject of this research is the legal norms on the procedure for excluding the property necessary for debtor’s professional activity from the bankruptcy estate. The article covers the question on the possibility of excluding property necessary for the debtor to conduct professional activity, the value of which is 10,000 rubles or higher, from the bankruptcy estate. The goal of this works consists in consideration of a broader interpretation of provisions of the Paragraph 5 of the Part 1 of the Article 446 of the Civil Procedure Code of the Russian Federation jointly with clarifications of the Paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 25, 2018 No. 48 “On Certain Questions related to the Peculiarities of Formation and Distribution of the Bankruptcy Estate in Cases of Bankruptcy of Citizens” applicable to property of the debtor within the framework of insolvency (bankruptcy) procedure. The author analyzes the relevant civil legislation and insolvency (bankruptcy) law, as well as case law on topic. This article is one of the first attempts to systematize the relevant case law on the subject of exclusion of property necessary for debtor to conduct professional activity from the bankruptcy estate. Based on the results of analysis of the case law, national civil legislation and insolvency (bankruptcy)l law, the conclusion is made on impossibility of exclusion of property used by the debtor for professional activity, the value of which exceeds 10,000 rubles, from the bankruptcy estate in view of the failure of the economic model used by the citizen to ensure a normal life. The author questions the need to extend executive privilege onto the debtor’s property, which is required to conduct professional activity under the insolvency (bankruptcy) law.

Keywords: property immunity, abuse of a right, exclusion of the vehicle, foreclosure on property, property rights, bankruptcy estate, professional studies, bankruptcy of individuals, exclusion of property, insolvency

Abstract: The successful development of tourism requires proper legal regulation. At the same time, the diversity of the types of tourism is virtually neglected by the legislator and does not receive due attention of the legal scholars. This question is being regulated fragmentary and inconsistently on the level of bylaws and legislation of the constituent entities of the Russian Federation. Occasional use of improper terminology, discrepancy in understanding of the essence of same types of tourism, disregard of their peculiarities impairs the effectiveness of state administration of tourism sector, negatively affects the quality of tourism services, and distorts the representations of Russia as a tourism friendly country. The article analyzes the grounds for classification of the types of tourism that have legal bearing: depending on the place of permanent residence of the tourist, on the purpose of tourist trips, on the way of organization of trip, on the social and age category of tourists. The conclusion is formulated that the key direction in improving sectoral tourism legislation consists in consolidation of extensive classification of the types of tourism and definition of concepts included therein in the Federal Law “On the Fundamentals of Tourism Activity”. For the purpose of unification of terminology, further development of tourism legislation, and improved quality of state administration of the tourism sector, the author proposes the original classification of tourism.

Keywords: accessible tourism, organized tours, sports tourism, ecotourism, purposes of travelling, tourism law, tourism, classification of tourism, principles of tourism regulation, legislation of the constituent entities of the Russian Federation