Abstract: The article is devoted to the comparison of legal norms regulating mediation in civil cases in Poland and in Russia. Analysis is focused upon the most significant legal acts. The main goal of comparison is to discuss significant differences between Polish and Russian legal norms on the following issues: goals of the mediation, definition of mediation and mediator, the range of cases involving mediators, principles of mediation, preferable mediation strategy, conditions for acquiring mediator status, types of mediators, divisions competent to initiate mediation, choice of mediator and contents of a mediator contract, mediation offer, mediation agreement, mediation period, conditions of payment for the mediation, compensation of judicial costs, approval and implementation of the contract on conflict regulation via mediation. The article presents the view of the author regarding approval and implementation of the contract on conflict regulation via mediation. It is concluded that use of mediation broadens the scope of freedom of citizens and eases access to justice e. Also this practice improves efficiency of social communication and cultural dialogue. The popular use of mediation and other forms of alternative dispute resolution complements and eases the workload of the public justice system. Additionally, mediation implements democratic provisions on the existence of various legal norms for conflict resolution and freedom of people in their choice of means of dispute resolution based upon the principle of social individualized justice. In addition to the new legal norms on civil medication in Poland and in Russia the author analyzes the issues of freedom of citizens, justice, implementation of justice, vision of law, state and society, social communication, social conflicts, resolution of such conflicts, application of law, efficiency and boundaries of law The author regards mediation as justice in its first degree. From his standpoint, mediation is a complementary form of justice. It guarantees broad interpretation of justice. In his concept “serving justice or resolution of legal disputes” is not limited to judges and courts. All forms of justice (courts and other basic forms of alternative dispute resolution) complement each other and assist each other in various spheres of their application.

Keywords: mediation and mediator, alternative methods of dispute resolution, access to justice, complementary form of justice, individualized justice, social communication, interpersonal relations, social relations, cultural dialog, peaceful cooperation.

Abstract: Currently the Russian society and the new stage of economic development require improvement and optimization of the Russian legislation, including the laws on the titles to land, which is construed anew in order to become one of the key elements of the modern Civil Code of the Russian Federation. The perfect idea of land law in Russia is for the civil legislation to have an exclusive status of legal regulator in the sphere of titles to land and to give the titles to land a quality of real law, providing persons and legal entities with a legal possibility to use the land. The tendencies of development of land law in Russia may serve as an example for the development of land law in the People’s Republic of China, and they include the following: restoration of a right of private property of land, change of multi-regulating legislation, its introduction into the structure of real law for unified regulation, providing the same legal status to state land and collectively owned land, strict limitations on confiscation of land, formation and development of a varied, convenient and sustainable land usufruct model.

Keywords: justice, Russia, China, the Civil Code, modernization, title to land, real law, Chinese legislation, use of land, unified legal status.

Abstract: The author considers that the theory of component elements of crime in the criminal law of the USA is going through a hard time. Throughout the period of its historical development, this theory did not manage to achieve the level allowing to establish due application of criminal law in classification of crimes. Therefore, there are no common standards in legal practice, leading to rather loose interpretation of legislation by the courts. American legal scholars spend too much time and effort on meaningless discussion on the contents of criminal act, immoral nature of psychological attitude to the acts, freedom of will in the issues of responsibility for the failure to act, etc. At the same time, they fail to pay attention to a number of practical problems. As a result, the significant shortcomings of the American theory of component elements of crime do not facilitate achievement of objective truth in criminal cases and application of just punishment to guilty persons. Such a situation calls for the active study of the theory of component elements of crime in the US law, and such as study should be held in order to avoid the further mistakes in the development of national law. Moreover, the «outsider» view on the said problems may prove valuable for the American legal science, since it presupposes an altogether different view on the possible improvements in the concept of component elements of crime.

Keywords: jurisprudence, component elements of crime, actus reus, mens rea, failure to act, qualification, common law, forms of guilt, convergence of law, the Model Criminal Code.

Abstract: The article is devoted to the study of the historically forms of appeal (review) of the criminal case judgments, which are based upon the jury verdict, and which did not yet enter into force at the time of appeal. The first procedural form of review for such judgments is the appeals form, and it includes various models for such review. The first model of the appeal review of the judgment, which is based on the jury verdict, requires that the case is heard anew with a different jury. Currently the classic jury trial is included into the appeal only under Norwegian legislation. This model is the closest to the understanding of appeal as the repeated hearing of the criminal case. The second model of appeal is applied in the states with an Anglo-Saxon legal system (the Great Britain, Canada, the USA, etc.), and it does not include the «classic» repeated process, while the appeals court has a right to review the decision of jury on guilt of the convict, factual and legal elements of the guilty verdict, which allows one to recognize it as full appeal model. The third model (present in the Criminal Procedural Code of Spain) is «partial» appeal, when the criminal judgment is reviewed only in part of violations of procedural and material law. The second procedural form for the review of such judgments is classic cassation, as present in the continental type of criminal judicial procedure. The third model for the review of such judgment is provided for in the Criminal Procedural Code of Austria, which allows for the review alternatively in cassation or appeals form. The appeals review of the criminal judgments based on jury verdicts in the Russian Federation may be classified as «partial appeal». The article also includes analysis of the specific features of appeals on criminal judgment based on jury verdict in the Russian legislation.

Keywords: jurisprudence, appeals, procedure in court, trial by jury, verdict, cassation, models for the review of criminal judgments, full appeal model, partial appeal model, remission of a sentence, substantial breach of law.

Abstract: The article includes analysis of causes and reflections of the active role of constitutional legal mechanisms in the society at the time of economic crisis. This tendency may mostly be found in democratic states. The author studies both modern and historical aspects of this issue. The growing role of constitutional legal regulation at the times of crises has complex character. Many constitutional legal institutions become involved in it. In particular, one may note the growing role of parliamentary and constitutional control, as well as other judicial control, and the need for the direct democracy institutions. The author finds that growing value of constitutional legal government sources at the time of crises is quite consistent, and analyzes the causes of this matter.

Keywords: jurisprudence, constitution, crisis, economics, Parliament, government, referendum, elections, law, court.

Abstract: The functioning of constitutional justice in Slovenia has truly started in 1991, when the constitutional form of government was established. During the short period of time the Court has managed to establish itself as constitutional justice body, and its goals and activities are in accordance with the requirements to the constitutional control bodies in the states with the European model of centralized control. The Slovenian Constitutional provides for the autonomy and independence of the Constitutional Court, which fulfills two important functions, which are necessary in any democratic society, that is, it supervises the constitutionality and lawfulness in the state and it guarantees the constitutional rights and freedoms of people and citizens. At the same time, the Constitution provides for an open list of powers of the Constitutional Court, which may be broadened by law.

Keywords: jurisprudence, constitutionality, lawfulness, control, Slovenia, claim, judicial procedure, justice, constitution, legal order.

Abstract: The article includes analysis of the balance between the economic rights of employers and social labor rights of workers (employees) in their comparative legal aspects. The author also compares these issues in the Russian legal system and the system in the EU states. Then he formulates the conclusions that if compared with the EU legislation, the Russian legislation is much less balanced and it seems to support the rights of employers at the cost of rights and lawful interests of the employees. The author then shows the parameters by which the Russian legislation may be cardinally improved in order to achieve the optimum balance of the interests of the parties. Considering the current discussion among the experts on the possibility of application of the German industrial council system in Russia, the author analyzes its key features and formulates the conditions under which some of elements of this system may be used. The author points out that it is not acceptable to lower the role of the trade unions and that it is necessary to guarantee the independence of the representative bodies of workers from the pressure by employers.

Keywords: jurisprudence, industrial councils, economic, rights, labor law, social rights, trade unions.

Abstract: The article includes analysis of the development of modern labor law of France. The author evaluates the influence of the concepts of decent work of the ILO, the quality of labor and employment in the EU. The article includes analysis of the existing practice of application of law, as well as the legal guarantees for the French workers. A new type of guarantee is a contract on guarantees on employment, and the author analyses specific features of its application for both employees and employers. The author also evaluates the law on the implementation of labor rights of interns, and the legislative measures against gender-based discrimination. As a result of these studies, the author comes to a conclusion that there is greater interference by the state into the labor relations, that there are growing guarantees for the workers and the harsher sanctions for those, who violate the labor legislation. The additional measures are taken against gender-based discrimination.

Keywords: jurisprudence, labor law of France, collective agreement, legal guarantees, anti-discrimination legislation, labor law, intern (trainee) regulation, mass release, protection of labor rights, equality in payment for work.