Contents # 3/2016

INTERPRETATION OF LAW AS A CULTURAL HISTORICAL PHENOMENON  Pdf 16

Yu. A. VEDENEEV

professor of the Kutafin Moscow State Law University, doctor of legal sciences
9, Sadovaya-Kudrinskaya st., Moscow, Russia, 123995
E-mail: Y-vedeneev@yandex.ru

The article is written for the purpose of the anniversary of outstanding jurist and pedagogue Ye. V. Vaskovskiy (1866—1942), who left behind legacy in the sphere of civil law and the theory of interpretation of law. The presented material is the continuation of the scientific discussion about modern trends in the sphere of law making and law enforcement. Understanding of interpretation of law in the broad context of social cultural and regulatory practice of legal organization of social relations allows abandoning elementary juridical-technical concepts about the process of interpretation of the regulatory enactments content. The article’s key issues center around differentiation between formal dogmatic versions of interpretation of law and understanding of interpretation of law as the system of cultural-historical topics, developed in the logic of specific juridical world views of individual historical eras of law existence and development.

Keywords: interpretation of law, legal hermeneutics, logical-linguistic phenomena, legal text, juridical discussion, legal language, social and cultural communications, cultural historical jurisprudence, juridical world view.

DOI: 10.12737/20570

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JUDICIAL LAWMAKING MECHANISM: DEFINITION AND PECULIARITIES  Pdf 16

E. A. PETROVA

associate professor of the Ivanovo State University, candidate of legal sciences, associate professor
39, Yermak st., Ivanovo, Russia, 153025
E-mail: kate_petrova78@mail.ru

The article presents the author’s approach to the definition and structure of lawmaking mechanism in general and of judicial lawmaking mechanism in particular. The author underlines the necessity of differentiation between such processes as lawmaking, law creation and rulemaking. The author interprets lawmaking process as the final stage of the law creation, in which rules of law are formulated in appropriate legal forms. The author explains the possibility of understanding the lawmaking mechanism in statics and in dynamics. Static aspect of lawmaking mechanism includes a set of elements for the law creation — institutional, instrumental, conceptual and formal elements. Dynamic aspect reflects the sequence of stages of legislative activity: formulation of the rules and giving them appropriate legal form in the sources of law. The author concludes that the judicial lawmaking mechanism can be defined as a system of interconnected elements (static aspect) and successive stages (dynamic aspect), providing the formulation and objectification of generally binding rules in the form of precedent in judicial activity. The author illustrates her approach on the example of the peculiarities of the judicial lawmaking mechanism in the United States legal system.

Keywords: lawmaking, lawmaking mechanism, judicial lawmaking, the United States legal system, precedent, stare decisis rule.

DOI: 10.12737/20571

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THE MODERN LEGISLATION OF CHINA: PROBLEMS AND PROSPECTS OF DEVELOPMENT  Pdf 16

P. V. TROSHCHINSKIY

senior research fellow of the department of East-Asian legal researches of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: troshc@mail.ru

The article is devoted to the investigation of the legal system and legislation of the modern Chinese state through the analysis of the existing legal enactments and those planned for adoption in state-legal, criminal, civil, administrative and social spheres. The author establishes the relationship between the existing security threats to the Chinese state and the legislator’s law-making activity, aimed at countering them. The purpose of this paper is to determine the characteristics of China’s legal development at the present stage for using this experience of the Chinese legislator in Russian legal science and practice. For this purpose, the author implements different tasks of analyzing and determining the specifics of Chinese law-making acts in the sphere of fight against corruption, terrorism, espionage, solution of demographic problems and combating family violence, administrative reforms, encouragement of foreign investment. Based on the results of the investigation, the author concludes about the importance of the process that is taking place in the legal system of China and its legislation aimed at eliminating of existing challenges and threats to the Chinese community. The author points out several unique laws, planned for adoption in the coming years and their main provisions, that are of theoretical and practical importance for the Russian science. The author stresses the importance of studying China’s law-making experience within the framework of comparative law.

Keywords: China, comparative law, legal system, legislation, death penalty, corruption, terrorism, espionage, administrative reform, investment.

DOI: 10.12737/20572

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CONSTITUTIONAL IDENTITY AND CONSTITUTIONAL DEVELOPMENT IN XXI CENTURY  Pdf 16

S. P. CHIGRINOV

judge of the Constitutional Court of the Republic of Belarus, candidate of legal sciences, associate professor
32, Karl Marks st., Minsk, Republic of Belarus, 220016
E-mail: spchigrinov@gmail.com

The constitutionalism in XXI century will be determined by the following factors: 1) the information society building and forming of e-government; 2) the development of crowd economy based on direct communication between the manufacturer and its ultimate customers; 3) the growing trend of regional political and economic integration of states. These factors will affect not only the essence of certain human rights and freedoms, but also will modify the mechanisms of their legal protection. The regional integration will become irreversible, if a viable mechanism is created as part thereof with a view to balance the supranational and national interests. The concept of constitutional identity is the center piece of such mechanism. Constitutional identity determined in terms of political and legal nature of the State should take into account special aspects of the mechanism of constitutional legal regulation and may be defined in the context of constitutional sense of justice and constitutional culture. The author draws the conclusion about the necessity to speed up the formation of the Eurasian identity, especially as there are objective prerequisites arising from the common grounds of the post-soviet peoples in respect to their traditions, culture, lifestyles and mentality. The development of the Eurasian Identity Declaration will contribute to the said process.

Keywords: constitutional identity, information society, e-government, crowd economy, regional integration, Eurasian identity.

DOI: 10.12737/20573

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IMPERATIVE MANDATE AND CONSTITUTIONAL STATE: THE DIALECTIC OF THE RELATIONSHIP  Pdf 16

E. V. ALIMOV

junior research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: const@izak.ru

The article is devoted to the analysis of the theory and legal regulation of imperative mandate. The author reveals the essence of the imperative mandate and makes an attempt to explain the cause for rejecting this model of mandate in many democratic countries at the highest constitutional level. The author notes that instruction of electors determines the legal nature of the imperative mandate and the free mandate. The article analyzes the traditional understanding of the imperative mandate and free mandate. It criticizes the practice of ‘blaming’ the imperative mandate for the political party and fraction’s influence over Deputies. Report and recall in the imperative mandate structure are the guarantees of the implementation of the instruction of electors. The relations between a Deputy and the political party or fraction should be outside of the imperative mandate structure, because they are phenomena of a different nature. On the basis of theory and practice, the author concludes that the instruction of electors is acceptable in modern democracy. The instruction of electors has a great potential as an institute of direct democracy and as an effective way for accumulating electors’ needs and interests.

Keywords: electors, instruction of electors, imperative mandate, free mandate, the Deputy, the mandate of the Deputy, democracy.

DOI: 10.12737/20574

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ADMINISTRATIVE LIABILITY OF LEGAL ENTITIES FOR CORRUPTION OFFENCES  Pdf 16

N. A. GOLOVANOVA, V. A. SELEZNEV

N. A. GOLOVANOVA, leading research fellow of the department of criminal legislation and judicature of foreign countries of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, cadidate of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: foreign1@izak.ru

V. A. SELEZNEV, senior research fellow of the administrative legislation and procedure department of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of economic sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: adm1@izak.ru

The rules of the Administrative Offences Code of the Russian Federation (Administrative Offences Code) on responsibility for unlawful remuneration on behalf of a legal entity envisage the possibility of additional administrative-legal coercion over a legal entity, in addition to the criminal legal pressure on a functionary. But administrative proceedings, envisaged by article 19.28 of the Administrative Offences Code in respect to legal entities should not be connected with criminal proceedings against functionaries. The legal entity, implementing anti-corruption policy, can take necessary actions, aimed at detection and suppression of corruptive manifestations. The Court should assess the specified circumstances as mitigating the administrative responsibility of a legal entity. Nevertheless, legislation does not contain Special instructions for law enforcement in this part. Thus, the absence in the Administrative Offences Code of the rule allowing exemption from responsibility for a legal entity, which willingly reports a corruption act and facilitates its disclosure and investigation, does not encourage active participation of legal entities’ management bodies in brining guilty functionaries to criminal responsibility. The article provides an analysis and synthesis of the Russian and foreign law, as well as case studies, proposals for amending the Administrative Offences Code in regard to the possible release of a legal entity from administrative responsibility.

Keywords: administrative offence, administrative responsibility, legal entity, anti-corruption policy, foreign experience, law enforcement practice.

DOI: 10.12737/20575

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WAYS OF CIVIL RIGHTS’ PROTECTION UNDER THE LEGISLATION OF LATIN AMERICAN COUNTRIES  Pdf 16

D. N. KARKHALEV

professor of the chair of civil law of the Bashkir State University, doctor of legal sciences
32, Zaki Validi st., Ufa, Russia, 450076
E-mail: dnk001rb@yandex.ru

The article considers the topical problems of protecting civil rights and responsibility during the implementation of the civil law protecting power in Latin America. The development trend of harmonization has led to the creation of the Latin American principles of contract law. In the Peruvian legislation, a set of all elements of a civil offense, which includes a causal link, the presence of loss, guilt and illegality of actions, forms the basis of contractual liability. The amount of recoverable damages includes reparation of not only the actual damage, but also loss of profits if they are a direct result of the default. Analyzing the Brazilian law, the author notes that the breach of an obligation may be in the form of a delay in its execution. The debtor is considered overdue when he does not make payments, and the creditor, too, who does not wish to receive it. The debtor is responsible for the damages caused by his delay. If due to the delay the payment becomes useless to the creditor, he is entitled to reject it and claim damages. In the law of Ecuador, the recoverable damages include the incurred damages and lost profits arising from non-execution or improper execution of the obligation. In the cases provided for by law, recoverable damages are limited to the extent of the damage.

Keywords: defense of civil rights, responsibility in civil law in countries of Latin America.

DOI: 10.12737/20576

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THE ACTIVITY OF SELF-GOVERNMENT BODIES ON STRENGTHENING OF THE INSTITUTE OF FAMILY IN THE REPUBLIC OF UZBEKISTAN  Pdf 16

G. S. ISMAILOVA

associate professor of the chair “Legal basis of governance” of the Academy of Public Administration under the President of the Republic of Uzbekistan, candidate of legal sciences
45, Uzbekistanskiy avenue, Tashkent, Republic of Uzbekistan, 100003
E-mail: Ismailova.dba@gmail.com

The article analyzes the role of the family in society and public life, giving her attention as an institution, influence the state of development of resistance in the Republic of Uzbekistan. The policy of a family as a key factor of ensuring economic and social development of society is researched. It raised the issue of marriageable age. The statistics of marriages and stains is analysed. The experience of Uzbekistan on prevention of early marriages is studied. Also examines the role of citizens’ self-government bodies (mahalla) in strengthening family ties. The article describes the main priorities of the state programs in the sphere of strengthening the family. The role and influence of waving on improving family relations is opened. It is studied the way the regulatory system of citizens’ self-government bodies. Questions of marriage contracts are also considered.

Keywords: family, self-government bodies, mahalla, marriage, nuptial contract.

DOI: 10.12737/20577

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OBLIGATIONS, ARISING OUT OF DEALINGS PRIOR TO THE CONCLUSION OF A CONTRACT WITH FOREIGN PARTNERS: EUROPEAN EXPERIENCE OF CONFLICTS-OF-LAW REGULATION  Pdf 16

O. V. MURATOVA

junior research fellow of the department of private international law of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: olgbelusva@rambler.ru

The article covers the analysis of conflict-of-law regulation of obligations, arising out of dealings prior to contract conclusion in European law. Such regulation is described in article 12 of the Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II). The author considers conflict-of-law regulation of precontractual relations from the perspective of the following aspects: possibility of applying the agreement about the law applicable to precontractual relations; applying the contractual connecting factor for determining the law applicable to precontractual relations; exploration of other connecting factors applicable to the precontractual relations in case of impossibility to determine the applicable law on the basis of the contractual connecting factor. The author draws the conclusion that the opportunity given to the negotiating parties to choose the applicable law is in line with the tendency of private international law development towards the extension of the parties’ autonomy. In the absence of such choice, Rome II Regulation contains a special conflict-oflaw regulation, which accommodates parties’ interests.

Keywords: precontractual relations, negotiations, conclusion of a contract, culpa in contrahendo, applicable law, law of European Union, Rome II Regulation.

DOI: 10.12737/20578

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ITALIAN COMMERCIAL LITIGATION: AN OUTLINE (in English)  Pdf 16

Michele de MEO

the Law Firm “de Meo & Associati”
59, 00186-Via Giulia, Rome, Italy
E-mail: demeolawfirm@gmail.com

The article contains the outline of the commercial litigation implemented in Italy taking into account the relevant amendments and changes adopted with the aim of rendering a “faster” justice. The author describes the Italian judicial system which involves courts of first instance (Giudice di Pace/Tribunale), the Court of Appeal (Corte d’Appello), and the Supreme Court or the Court of Cassation (Corte di Cassazione), indicating the statutorily prescribed criteria for referring a specific category of cases to the jurisdiction of each of those. The author dwells on the stages of civil proceedings, which include: pre-trial hearings, civil proceedings and judgment, appeal and cassation stages, as well as enforcement of judgments and orders. The special attention is paid for the procedure of the recognition and enforcement of foreign judgment and arbitration awards used in Italy. The author notes the tendency for a gradual replacement of the most of the old bilateral treaties in Europe by the European Regulations, at least in civil and commercial matters.

Keywords: Italy, judicial procedure, commercial litigation, civil proceedings, system of courts, recognition of foreign judgments, enforcement of foreign judgments.

DOI: 10.12737/20579

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FORCE MAJEURE IN PAST ARBITRATION COURT RULINGS IN THE CIS COUNTRIES: COMPARATIVE ANALYSIS OF RULES OF NATIONAL LEGISLATION AND PRIVATE INTERNATIONAL LAW BY THE CIS ECONOMIC COURT (part 1)  Pdf 16

E. N. NAGORNAYA, T. N. ZATSEPINА

E. N. NAGORNAYA, judge of the Economic Court of the Commonwealth of Independent States, secretary of the CIS Economic Court’s Plenum, candidate of legal sciences, honored lawyer of the Russian Federation
17, Kirov st., Minsk, Republic of Belarus, 220030
E-mail: evabelarus@mail.ru

T. N. ZATSEPINА, ex-chief advisor of procedural and law department of the Economic Court of the Commonwealth of Independent States, candidate of legal sciences
17, Kirov st., Minsk, Republic of Belarus, 220030
E-mail: aglod@yandex.ru

The need for proper legal study of issues relating to the circumstances that exempt the participants of civil-law relations from liability, is caused, on the one hand, by the development of business activity and the increase in the number of civil transactions concluded both within the national and foreign economic context; and, on the other hand — by the social and political events that take place on the territory of some Commonwealth states and the rise of controversial legal issues during the consideration by the courts of economic activity, in relation to classification of certain circumstances as force majeure, because so far no clear criteria for the application of this concept have been worked out in practice. The study of the problems on this issue is based on the information from the CIS Economic Court about the practice of establishing force majeure circumstances during commercial litigation by the courts of the Commonwealth state members. In order to determine the adequacy of legal regulation by the Court of the studied aspects, the author has conducted, in the first place, a comparative analysis of legal enactments of participant-states, that envisage the exemption from liability as a result of force majeure, and also has studied rules of private international law governing the establishment of force majeure. The synthesis of these materials has revealed certain approaches to the interpretation of concepts and features of force majeure in the legislation of the CIS countries and the private international law. The first part of the article is dedicated to the discussion of these issues.

Keywords: Commonwealth of Independent States, the CIS Economic Court, force majeure circumstances, civil codes, UNIDROIT principles, ICC force majeure clause.

DOI: 10.12737/20580

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SYSTEM OF SOURCES OF CRIMINAL PROCEDURE LAW OF SWITZERLAND  Pdf 16

A. A. TREFILOV

senior research fellow of the department of foreign public law of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: trefilovaa1989@gmail.com

The author considers the operating system of sources of criminal procedure law of Switzerland. The author studies the question of the international law influence on their development. The author analyzes such sources as the Constitution, the Message of the Federal Assembly on unification of criminal procedure law, the Code of penal procedure, the Federal law on organization of the Federation’s criminal trial bodies, the Federal law on the Federal court, the Federal law on Federal criminal court and some other enactments. The author briefly considers the criminal procedure law on the example of Zurich and St. Gallen cantonal sources. The author researches the role of the legal doctrine in application of Criminal Procedure Code rules. The author compares the Swiss and Russian systems of sources in the branch of law in question. The author comes to the conclusion that the systems of sources of criminal procedure of Switzerland and Russia have many common features, since both legal systems of the states belong to the Romano-Germanic legal family. Law and order of both states have the Criminal Procedure Code, based on the rules of international law and the constitution, as the main source of criminal procedure. At the same time, in spite of the fact that Constitutions of both countries refer the criminal procedure law to the exclusive competence of the federation, in the Swiss law and order there are numerous exceptions to this rule as many major questions relating to criminal procedure are settled at the cantonal level (structure of court, system of criminal trial bodies, etc.).

Keywords: criminal procedure law sources, Switzerland, Code of penal procedure, Federal laws, legal doctrine.

DOI: 10.12737/20581

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EVOLUTIVE INTERPRETATION OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS: POSSIBILITIES AND LIMITS. THE EUROPEAN COURT OF HUMAN RIGHTS AS A SUBJECT OF INTERPRETATION OF LAW  Pdf 16

A. I. KOVLER

deputy head of the department of implementation of judicial decisions into the Russian legislation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, professor of the Lomonosov Moscow State University, doctor of legal sciences, honored lawyer of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: implement@izak.ru

The article analyses a so called “evolutive interpretation” of the European Convention on Human Rights by the European Court of Human Rights creating its case-law. Doing so the Court as a subject of this interpretation has a legitimate competence in the light of the Article 32 of the Convention. The problem is how wide could be this interpretation taking in account the principle of subsidiarity of the european system of the protection of human rights and doctrine of the “margin of appreciation” of the contracting States.

Keywords: European Convention on Human Rights, European Court of Human Rights, evolutive interpretation of the European Convention on Human Rights, principle of subsidiarity, doctrine of the “margin of appreciation”.

DOI: 10.12737/20582

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СRIMES AGAINST HUMANITY: GENESIS AND MODERN GENERAL INTERNATIONAL LAW  Pdf 16

S. V. GLOTOVA

associate professor of the Lomonosov Moscow State University, candidate of legal sciences, associate professor
1, Leninskie gory, Moscow, Russia, 119191
E-mail: svglotova@mail.ru

The origin of the concept “Crimes against Humanity” (СaH) — one of most serious crimes of international concern — can be found in 1915 Allied Joint Declaration and Martens Clause. CaH were first defined in Art. 6(c) of the Nuremberg IMT Statute. CaH are included in the jurisdiction of International criminal tribunal for former Yugoslavia, Rwanda Tribunal, Special Court for Sierra Leone, Extraordinary Chambers in the courts of Cambodia, Special Panels for serious crimes in East Timor. The Rome Statute of the International Criminal Court (Art. 7) contains a broad definition of this crime that reflects the international customary law. Evolution of the CaH concept includes both the expansion of specific acts, forming this category, and its essential elements: attacks against civilian population; link with armed conflicts; large scale and regularity of attacks; and, probably, inclusion into the illegitimate policy conducted by states and other actors. In the absence of a uniform definition of CaH in the statutes of courts and the convention, the work of International Law Commission makes a considerable contribution to the modern development and understanding of the concept. The adoption by ILC of the CaH definition, based on the ICC Statute will confirm the generally recognized definition of the CaH concept; and a wide range of states’ obligations on suppression, prevention and cooperation proves, inter alia, the erga omnes nature of the CaH prohibition.

Keywords: crimes against humanity, essential elements, International Military Tribunal , International criminal tribunal for former Yugoslavia, International Law Commission, Rome Statute, International Criminal Court, erga omnes.

DOI: 10.12737/20583

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CONTEMPORARY APPROACHES TO THE THEORIES OF RECOGNITION OF NEW STATES IN INTERNATIONAL LAW  Pdf 16

A. A. KHASANOV

post-graduate student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: anvarkhas@yandex.ru

The article examines the problem of recognition of new states in international law. The author considers the concept, sources, theories, criteria of the institution of recognition of new states. The author analyzes various theories of the Institute of recognition of states, taking into account the provisions of the international law doctrine and practice. The author notes that at the present stage of development of the institute of recognition we should be guided by the mixed theory of recognition as the most corresponding to international law, and by States’ practice. The author discloses criteria for the recognition of States enshrined in international legal acts. At the same time, the author singles out the criterion of the legality of new states’ emergence. The conclusion is that the creation of a new State as a subject of international law is legitimate, if its appearance corresponds to the fundamental principles of international law. The appearance of a new state must not violate the mandatory principles of international law jus cogens, otherwise, a territorial formation can not claim to be internationally recognized and must be considered from the point of view of international law as illegally created.

Keywords: the international legal recognition of states, the international juridical personality, the declarative theory of recognition, the constitutive theory of recognition, the mixed theory and the recognition criteria.

DOI: 10.12737/20584

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PENSION REFORM: ECONOMIC RISKS OF REALIZATION OF CONSTITUTIONAL RIGHTS OF THE INSURED PERSONS  Pdf 16

A. K. SOLOVIEV

head of the department of actuarial assumptions and strategic planning of the Pension Fund of the Russian Federation, doctor of economic sciences, professor, honored economist of the Russian Federation
4, Shabolovka st., Moscow, Russia, 119991
E-mail: sol26@100.pfr.ru

Among the instruments of pension system regulation (record of service, earnings, contributions, privileges), the legislatively regulated parameter “retirement age” occupies a special place. Now we observe the process of “aging of the population” because of the general increase in life expectancy on the one hand, and the growth of the total number of pensioners, on the other. At the same time, the tendency of increase in expenses on financing the state pension obligations remains. However, even on the basis of the specified facts identification of aging of the population with the budgetary crisis and the establishing of a rigid connection between the pension budget expenses and the growth of the number of pensioners and the general aging of the population looks more or less convincing only at first sight. The scientifically-based solution of the retirement age problem lies not in the course of receiving a tactical — economic — result (saving of budget expenses), but in achieving of strategic objectives of the insurance pension reform: providing of the constitutional guarantees on adequacy of the pension rights of the insured persons and the state pension obligations.

Keywords: insured persons, insurance pension, pension rights, state pension obligations, pension reform, demographic crisis, budgetary crisis, the budget of PFR.

DOI: 10.12737/20585

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COMPARATIVE LEGAL ANALYSIS OF THE CONCEPT OF SALARY IN THE RUSSIAN FEDERATION AND OTHER COUNTRIES OF THE COMMONWEALTH OF INDEPENDENT STATES  Pdf 16

N. A. ABUZYAROVA

leading research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, professor of the Plekhanov Russian University of Economics, doctor of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: abuzyar2013@yandex.ru

Market relations have led to substantial changes in wages, the mechanism of legal regulation of remuneration has changed significantly, and there are many difficulties and problems, unresolved issues. In this regard, according to the author’s intention, the article determines the legal regulation of wages in comparative-legal aspect, analyzes the concept, nature and the general state of wages in Russia and other CIS countries, taking into account the principles of work organization, consistently analyzes the shortcomings of remuneration of labour in Russia, because wages are still undergoing through some turmoil (unjustified super-differentiation in wages, low level of wages of most workers and the minimum wage). The aim of this work is the study of the legislative regulation of wages, development of recommendations on improvement of certain provisions on payment for labour in the Russian Federation. Taking into account the fact that in the wage regulation in the labor code and the labor codes of other countries of the Commonwealth of Independent States (CIS) there are many achievements and successful solutions to many pressing issues of remuneration, and also the fact that that the application of the comparative method allows identification of existing problems and contradictions, the article studies the most important areas of restructuring of the legal organization of wages in the Russian Federation and other CIS countries, as one of the key regulators of the market economy.

Keywords: Commonwealth of Independent States (CIS), labour code, legislation, discrimination, minimum wages, incentive function, the qualification of the worker, unskilled labor.

DOI: 10.12737/20586

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PROBLEMS OF IMPLEMENTATION OF INTERNATIONAL ANTICORRUPTION AGREEMENTS INTO THE LEGISLATIONS OF THE STATES, ESTABLISHED ON THE TERRITORY OF THE FORMER SOVIET UNION  Pdf 16

V. B. YASTREBOV, M. A. MOLCHANOVA

V. B. YASTREBOV, professor of the criminal process, justice and prosecutional supervision chair of the law faculty of the Lomonosov Moscow State University, doctor of legal sciences, honored lawyer of the Russian Federation
1, Leninskie gory, Moscow, Russia, 119991
E-mail: depcrp@law.msu.ru

M. A. MOLCHANOVA, undergraduate of the law faculty of the Lomonosov Moscow State University
1, Leninskie gory, Moscow, Russia, 119991
E-mail: Mol4anowa.m@yandex.ru

This article analyzes and reveals the problems of implementation of international anticorruption agreements into the legislations of the states, established on the territory of the former Soviet Union. In particular, this article also analyzes and reveals the influence of the Council of Europe Criminal Law Convention on Corruption and other international legal documents concerning the formation of the anticorruption legislations of Russia and the member States of the Commonwealth of Independent States. In this article, the author analyzes in detail the problem connected with the ratification of article 20 of the United Nations Convention against Corruption on recognizing illegal enrichment as a criminal offense. The author analyzes in detail and reveals the possibility of introducing criminal responsibility for companies into the criminal legislation of Russia and other member States of the Commonwealth of Independent States. Also the author inspects and analyzes in detail the importance of this problem in solving the tasks of combating corruption.

Keywords: anticorruption legislation, international agreements on combating corruption, illegal enrichment, criminal responsibility of the companies.

DOI: 10.12737/20587

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THE ORGANIZATION OF SEARCH ACTIVITY OF LAW-ENFORCEMENT AUTHORITIES (FOREIGN EXPERIENCE)  Pdf 16

S. N. GORDEEV

senior research fellow of the Academy of MIA of the Republic of Uzbekistan
68, Intizor st., Tashkent, Republic of Uzbekistan
E-mail: cool.serj@inbox.uz

Search activity as an independent field of work plays a significant role in the fight against crime. Nowadays active counteraction to crime investigation becomes almost an everyday occurrence. And concealing a person from investigative authorities and trial is one of its most wide spread methods, that contributes to the violation of the principle of unavoidability of punishment, appearance of latent crimes and recidivism, formation of an opinion on worthlessness of law enforcement authorities among certain persons, generating their sense of anxiety, impunity and all permissiveness, thus impeding the formation of a healthy moral-psychological climate in the society. And the condition of being a missing person should signify accidents, suicide or criminal circumstances. Further improvement of the search activity presupposes comparative law analysis and study of the foreign experience of its organization and tactics. The article researches legislative regulation of the search activity of law enforcement authorities in the CIS and Baltic states, analyzes peculiarities of organizing this area of fight against crime in such global community countries, as Austria, Great Britain, Germany, India, PRC, the Saudi Arabia, France, and Japan.

Keywords: search, search activity, search of wanted criminals, search of missing persons, establishment of the identity, communication, structural division.

DOI: 10.12737/20588

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CONFLICT OF CRIMINAL LAWS: ANALYTICAL ASPECT  Pdf 16

K. A. TSAY

post-graduate student of the criminal law chair of the National Research University “Higher School of Economics”
17, Malaya Ordynka st., Moscow, Russia, 119017
E-mail: D503.ts@mail.ru

The article considers the institute of operation of a criminal statute in space and by personal scope of application through the prism of conflict regulation. Social relations, established due to the operation of the criminal statute in space and by personal scope of application, as well as the moment of collision between criminal law jurisdictions of different states are the object of the research. The subject matter of the research is: criminal codes of Russia and foreign states, international agreements of a jurisdictional nature. The author pays special attention to jurisdictional rules of the domestic law. In this paper the author uses the following research methods: dialectic, inductive, deductive, and other general scientific and specific scientific methods and ways of scientific knowledge. Special role is assigned to comparative law analysis. The author puts together a doctrine, based on the fundamental principles of the conflicts of laws for the purpose of creating a regulation system for criminal law jurisdictional conflicts. The article covers fundamental principles of the proposed doctrine, considers the structure of the conflicts of law rules and analyzes the current state of legislative regulation of criminal law jurisdiction. The author carries out a detailed comparative analysis of criminal laws in order to determine the most wide spread variants of regulation of criminal law jurisdiction, and proposes recommendations for legislative recognition of the territorial scope of validity of a criminal statute.

Keywords: conflict of criminal laws, comparative criminal law, international criminal law, criminal law of foreign states, criminal law jurisdiction, territoriality of the criminal statute, exterritoriality of the criminal statute, rules of the criminal statute, rules of conflict of laws, conflicts of law.

DOI: 10.12737/20589

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ANALYTICAL REVIEW OF THE OPINIONS ADOPTED AT THE 106th PLENARY SESSION OF THE EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION)  Pdf 16

R. A. KURBANOV, O. V. SHVEDKOVA, A. M. BELYALOVA

R. A. KURBANOV, head of the department of scientific support of the secretariat of Russian delegation in European Commission for Democracy through Law (the Venice Commission of the Council of Europe) of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, professor, honored lawyer of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: kurbanov@izak.ru

O. V. SHVEDKOVA, leading research fellow of the department of scientific support of the secretariat of Russian delegation in European Commission for Democracy through Law (the Venice Commission of the Council of Europe) of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: venkom@izak.ru

A. M. BELYALOVA, research fellow of the department of scientific support of the secretariat of Russian delegation in European Commission for Democracy through Law (the Venice Commission of the Council of Europe) of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: venkom@izak.ru

The article presents a brief information about the 106th plenary session of the European Commission for Democracy through Law (Venice Commission of the Council of Europe), which adopted a number of opinions on the legislation of countries — members of the Venice Commission. Special attention of experts was focused on the discussion and adoption of final opinion on the draft constitutional law of France “On the protection of the Nation”, opinion on the constitutional issues relating to the Law on the constitutional court of Poland of June 25, 2015, and to discuss and adopt interim opinion on amendments to the Law on the constitutional Court of the Russian Federation.

Keywords: European Commission for Democracy through Law, Venice Commission, Council of Europe, 106th plenary session, opinions, analysis of the legislation, constitutional court, misuse of administrative resources.

DOI: 10.12737/20590

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